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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
                          with its maximum load;

                    (b)  efficient devices shall be provided and maintained
                          capable of supporting the cage together with its
                          maximum load in the event of breakage of the ropes,
                          chains or attachments;

                    (c)   an efficient automatic device shall be provided and
                          maintained to prevent the cage from over-running.

             (3)    The Chief Inspector may permit the continued use of a
              hoist or lift installed in a factory before the commencement of
              this Act which does not fully comply with the provisions of sub-
              section (1) upon such conditions for ensuring safety as he may
              think fit to impose.

             (4)    The Government may, if, in respect of any class or
              description of hoist or lift, it is of the opinion that it would be
              unreasonable to enforce any requirement of sub-sections (1) and
              (2), by order direct that such requirement shall not apply to such
              class or description of hoist or lift.

      32.    Revolving machinery.-

             (1)    In every room in a factory in which the process of
              grinding is carried on, there shall be permanently affixed to, or
              placed near, each machine in use a notice indicating the maximum
              safe working peripheral speed of every grind stone or abrasive
              wheel, the speed of the shaft or spindle upon which the wheel is
              mounted and the diameter of the pulley upon such shaft or spindle
              necessary to secure safe working peripheral speed.

             (2)    The speeds indicated in notices under sub-section (1)
              shall not be exceeded.

             (3)    Effective measures shall be taken in every factory to
              ensure that the safe working perpheral speed of every revolving
              vessel, cage, basket, flywheel, pulley disc or similar appliance
              driven by power is not exceeded.

      33.    Pressure plant.- 

             (1)    If in any factory any part of the plant or machinery used
              in a manufacturing process is operated at a pressure above
              atmospheric pressure, effective measures shall be taken to ensure
              that the safe working pressure of such part is not exceeded.

             (2)    The Government may make rules providing for the
              examination and testing of any plant or machinery such as is
              referred to in sub-section (1) and prescribing such other safety
              measures in relation thereto as may, in its opinion, be necessary
              in any factory or class or description of factories.

      34.    Floors, stairs and means of access. - In every factory -

             (a)   all floors, stairs, passages and gangways shall be
                   of sound construction and be properly maintained
                   and where it is necessary to ensure safety, steps,
                   stairs, passages and gangways shall be provided
                   with substantial handrails; and

             (b)   there shall, so far as is reasonably practicable,
                   be provided and maintained safe means of access to
                   every place at which any person is, at any time,
                   required to work.

      35.    Pits, sumps, openings in floors, etc. - 

             (1)    In every factory, every fixed vessel, sump, tank, pit or
              opening in the ground or in a floor which, by reason of its depth,
              situation, construction or contents, is or may be a source of
              danger, shall be either securely covered or securely fenced.

             (2)    The Government may, by order in writing, exempt, subject
              to such conditions as may be imposed, any factory or class or
              description of factories in respect of any vessel, sump, tank, pit
              or opening from compliance with the provisions of this section.

      36.    Excessive wieghts. -

             (1)    No person shall be employed in any factory to lift, carry
              or move any load so heavy as to be likely to cause him injury.

             (2)    The Government may make rules prescribing the maximum
              weights which may be lifted, carried or moved by adult men, adult
              women, adolescents and children employed in factories or in any
              class or description of factories or in carrying on any specified
              process.

      37.    Protection of eyes. - The Government may, in respect of
any manufacturing process carried on in any factory, by rules,
require that effective screens or suitable goggles shall be
provided for the protection of persons employed on or in the
immediate vicinity of a process which involves -

             (a)   risk of injury to the eyes from particles or
                   fragments thrown off in the course of the process,
                   or

             (b)   risk to the eyes by reason of exposure to excessive
                   light or heat.

      38.    Powers to require specifications of defective parts or
tests of stability. - If it appears to the Inspector that any
building or part of a building, or any part of the ways, machinery
or plant in a factory, is in such a condition that it may be
dangerous to human life or safety, he may serve on the Manager of
the factory an order in writing, requiring him before a specified
date -

             (a)   to furnish such drawings, specifications and other
                   particulars as may be necessary to determine
                   whether such building, ways, machinery or plant can
                   be used with safety, or

             (b)   to carry out such tests as may be necessary to
                   determine the strength or quality of any specified
                   parts and to inform the Inspector of the results
                   thereof.

      39.    Safety of building and machinery. -

             (1)    If it appears to the Inspector that any building or part
              of a building or any part of the ways, machinery or plant in a
              factory is in such a condition that it is dangerous to human life
              or safety, 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.

             (2)    If it appears to the Inspector that the use of any
              building or part of a building or of any part of the ways,
              machinery or plant in a factory involves imminent danger to human
              life or safety, he may serve on the Manager of the factory an order
              in writing prohibiting its use until it has been properly repaired
              or altered.

      40.    Power to make rules to supplement this Chapter. -

      The Government may make rules requiring that -

             (1)   in any factory or in any class or description of
                   factories, such further devices and measures for
                   securing the safety of the persons employed therein
                   as it may deem necessary shall be adopted; and

             (2)   work on a manufacturing process carried on with the
                   aid of power shall not be begun in any building or
                   part of a building erected or taken into use as a
                   factory until a certificate of stability in the
                   prescribed form and signed by a person possessing
                   the prescribed qualifications, has been sent to the
                   Chief Inspector.

      41.    Precautions against dangerous fumes -

             (1)    In any  factory no person shall enter or be permitted to
              enter any chamber, tank, vat, pit, pipe, flue or other confined
              space in which dangerous fumes are likely to be present to such an
              extent as to involve risks of persons being overcome thereby,
              unless it is provided with a manhole of adequate size or other
              effective means of egress.
       
             (2)    No portable electric light of voltage exceeding twenty-
              four volts shall be permitted in any factory for use inside any
              confined space such as is referred to in sub-section (1) and where
              the fumes present are likely to be inflammable, lamp or light other
              than of flame proof construction shall be permitted to be used in
              such confined space.

             (3)    No person in any factory shall enter or be permitted to
              enter any confined space such as is referred to in sub-section (1)
              until all practicable measures have been taken to remove any fumes
              which may be present and to prevent any ingress of fumes and unless
              either -

                    (a)  a certificate in writing has been given by a
                          competent person, based on a test carried out by
                          himself, that the space is free from dangerous
                          fumes and fit for persons to enter, or

                    (b)  the worker is wearing suitable breathing apparatus
                          and a belt securely attached to a rope, the free
                          end of which is held by a person standing outside
                          the confined space.

             (4)    Suitable breathing apparatus, reviving apparatus and
              belts and ropes shall, in every factory, be kept ready for instant
              use beside any such confined space as aforesaid which any person
              has entered, and all such apparatus shall be periodically examined
              and certified by a competent person to be fit for use; and a
              sufficient number of persons employed in every factory shall be
              trained and practised in the use of all such apparatus and in the
              method of restoring respiration. 

             (5)    No person shall be permitted to enter in any factory, any
              boiler furnace, boiler,  flue chamber, tank, vat, pipe or other
              confined space for the purpose of working or making any examination
              therein until it has been sufficiently cooled by ventilation or
              otherwise declared to be safe for persons to enter.

             (6)    The Government may make rules prescribing the maximum
              dimensions of the manholes referred to in sub-section (1) and may,
              by order in writing, exempt, subject to such conditions as it may
              think fit to impose, any factory or class or description of
              factories from compliance with any of the provisions of this
              section.

      42.    Explosive or inflammable dust, gas, etc. - 

             (1)    Where in any factory any manufacturing process produces
              dust, gas, fume or vapour of such character and to such extent as
              to be likely to explode on ignition, all practicable measures shall
              be taken to prevent any such explosion by -

                    (a)  effective enclosure of the plant or machinery used
                          in the process;

                    (b)  removal or prevention of the accumulation of such
                          dust, gas, fume or vapour;

                    (c)  exclusion or effective enclosure of all possible
                          sources of ignition.

             (2)    Where in any factory the plant or machinery used in a
              process such as is referred to in sub-section (1) is not so
              constructed as to withstand the probable pressure which such an
              explosion as aforesaid would produce, all practicable measures
              shall be taken to restrict the spread and effects of the explosion
              by the provision in the plant or machinery of chokes, baffles,
              vents or other effective appliances.

             (3)    Where any part of the plant or machinery in a factory
              contains any explosive or inflammable gas or vapour under pressure
              greater than atmospheric pressure, that part shall not be opened
              except in accordance with the following provisions, namely -

                    (a)   before the fastening of any joint of any pipe
                          connected with the part of the fastening of the
                          cover of any opening into the part is loosened, any
                          flow of the gas or vapour into the part or any such
                          pipe shall be effectively stopped by a stop-valve
                          or other means;

                    (b)   before any such fastening as aforesaid is removed,
                          all practicable measures shall be taken to reduce
                          the pressure of the gas or vapour in the part or
                          pipe to atmospheric pressure;

                    (c)   where any such fastening, as aforesaid, has been
                          loosened or removed, effective measures shall be
                          taken to prevent any explosive or inflammable gas
                          or vapour from entering the part or pipe until the
                          fastening has been secured; or, as the case may be,
                          securely replaced:

             Provided that the provisions of this sub-section shall not
              apply in the case of plant or machinery installed in the open air.

             (4)    No plant, tank or vessel, which contains or has contained
              any explosive or inflammable substance shall be subjected in any
              factory to any welding, brazing soldering or cutting operation
              which involves the application of heat unless adequate measures
              have first been taken to remove such substance and any fumes non-
              explosive or non-inflammable, and no such substance shall be
              allowed to enter such plant, tank or vessel after any such
              operation until the metal has cooled sufficiently to prevent any
              risk of igniting the substance.

             (5)    The Government may, by rules, exempt, subject to such
              conditions as may be prescribed, any factory or class or
              description of factories from compliance with all or any of the
              provisions of this section.


CHAPTER V:  WELFARE

      43.    Washing facilities. -

             (1)    In every factory -

                    (a)  adequate and suitable facilities for washing and
                          bathing shall be provided and maintained for the
                          use of the workers therein;

                    (b)  separate and adequately screened facilities shall
                          be provided for the use of male and female workers;
                          and

                    (c)  such facilities shall be conveniently accessible
                          and shall be kept clean.

             (2)    The Government may, in respect of any factory or class or
              description of factories or of any manufacturing process, prescribe
              standards of adequate and suitable facilities for washing.

      44.    First-aid appliances. -

             (1)    There shall, in every factory or section of a factory, be
              provided and maintained, so as to be readily accessible during all
              working hours, first aid boxes and cupboards equipped with the
              prescribed contents and the number of such boxes and cupboards
              shall not be less than one for every one hundred and fifty workers
              ordinarily employed in the factory.

             (2)    Nothing except the prescribed contents shall be kept in
              the boxes and cupboards referred to in sub-section (1) and all such
              boxes and cupboards shall be kept in charge of a responsible person
              who is trained in first-aid treatment and who shall always be
              available during the working hours of the factory.

             (3)    A notice shall be affixed in every work-room stating the
              name of the person in charge of the first-aid box or cupboard
              provided in respect of that room and such person shall wear a badge
              so as to facilitate idenitfication.

             (4)    In every factory wherein five hundred or more workers are
              employed, there shall be provided and maintained an ambulance room
              or dispensary of the prescribed size containing the prescribed
              equipment or similar facilities, in the charge of such medical and
              nursing staff as may be prescribed.

      45.    Canteens. -

             (1)    The Government may make rules requiring that, in any
              specified factory wherein more than two hundred and fifty workers
              are ordinarily employed, an adequate canteen shall be provided for
              the use of the workers.

             (2)    Without prejudice to the generality of the foregoing
              power, such rules may provide for -

                    (a)   the date by which such canteen shall be provided;

                    (b)   the standards in respect of construction,
                          accommodation, furniture and other equipment of the
                          canteen;

                    (c)   the foodstuff to be served therein and the charges
                          which may be made therefor;

                    (d)   the constitution of a managing committee for the
                          canteen and representation of the workers in the
                          management of the canteen; and

                    (e)   the delegation to the Chief Inspector, subject to
                          such conditions as may be specified, of the power
                          to make rules in respect of matters referred to in
                          clause (c).

      46.    Shelters, etc. -

             (1)   In every factory wherein more than one hundred
              workers are ordinarily employed, adequate and suitable shelters or
              rest rooms, and a suitable lunch room with provision for drinking
              water where workers can eat meals brought by them, shall be
              provided and maintained for the use of the workers:

             Provided that any canteen maintained in accordance with the
              provisions of section 45 shall be regarded as part of the
              requirements of this sub-section:

             Provided further that where a lunch room exists no workers
              shall eat any food in the work room.

             (2)    The shelters, rest rooms or lunch rooms provided under
              sub-section (1) shall be sufficiently lighted and ventilated and
              shall be maintained in a cool and clean condition.

             (3)    The Government may -

                    (a)  prescribe the standards in respect of construction,
                          accommodation, furniture and other equipment of
                          shelters, rest rooms and lunch rooms to be provided
                          under this section;

                    (b)  prescribe the type of shelter for persons, the
                          nature of whose work requires them to be exposed to
                          the sun and the elements during the greater part of
                          their work;

                    (c)  by notification in the official Gazette exempt any
                          factory or class or description of factories from
                          the requirements of this section.

      47.    Rooms for children. -

             (1)    In every factory, wherein more than fifty women workers
              are ordinarily employed, there shall be provided and maintained a
              suitable room or rooms for the use of children under the age of six
              years of such women.

             (2)    Such rooms shall propvide adequate accommodation, be
              adequately lighted and ventilated and maintained in a clean and
              sanitary condition, and shall be under the charge of women trained
              or experienced in the care of children and infants.

             (3)    The Government may make rules -

                    (a)   prescribing the location and the standards in
                          respect of construction, accommodation, furniture
                          and other equipment of rooms to be provided under
                          this section;
       
                    (b)   requiring the provision, in factories to which this
                          section applies, of additional facilities for the
                          care of children belonging to women workers
                          including suitable provision of facilities for
                          washing and changing their clothing;

                    (c)   requiring the provision, in any factory, of free
                          milk or refreshment or both for such children;

                    (d)   requiring that facilities shall be given in any
                          factory for the mothers of such children to feed
                          them at the necessary intervals.

      48.    Welfare officers. -

             (1)    In every factory wherein five hundred or more workers are
              employed, the occupier shall employ in the factory such number of
              welfare officers as may be prescribed.

             (2)    The Government may prescribe the duties, qualifications
              and conditions of service of officers employed under sub-section (1).


      49.    Power to make rules to supplement this Chapter. - The
Government may make rules -

             (a)   exempting, subject to compliance with such
                   alternative arrangements for the welfare of workers
                   as may be specified, any factory or class or
                   description of factories from compliance with any
                   of the provisions of this Chapter; and

             (b)   requiring in any factory or class or description of
                   factories that representatives of the workers
                   employed in the factory shall be associated with
                   the management of the welfare arrangements for the
                   workers.


CHAPTER VI:  WORKING HOURS OF ADULTS

      50.    Weekly hours. -  

             (1)    No adult worker shall be required or allowed to work in
              a factory for more than forty-eight hours in a week.

             (2)    Subject to the provisions of section 58, an adult worker
             may work for more than nine hours in a day or forty-eight
             hours in a week:

             Provided that the total hours of an adult worker shall not
             exceed sixty hours in any week and on an average fifty-six hours
             per week in any year.

             Notes
             Rule 4 of the Factories (Exemption) Rules provides that no
             adult worker exempted from the provisions of this section, other
             than an adult male worker employed under rule 6 on urgent repairs,
             shall be allowed to work for more  than sixty hours in any week and
             on an average fifty-six hours per week in any year.



      51.    Weekly holidays. -

             (1)   No adult worker shall be required or allowed to work
              in any factory on a Sunday or a Friday as the case may be, unless -


             (a)   he has had, or will have a holiday for a whole day,
                   on one of the three days immediately before or
                   after that Sunday or Friday, as the case may be;
                   and

             (b)   the manager of the factory has, before that Sunday
                   or Friday, or the substituted day, whichever is
                   earlier -

                   (i)    given notice to the Inspector of his intention
                          to require the worker to work on the Sunday or
                          Friday as the case may be, and of the day
                          which is to be substituted; and

                   (ii)   displayed a notice to that effect in the
                          factory:

             Provided that no substitution shall be made which will result
             in any worker working for more than ten days consecutively without
             a holiday for a whole day.

             (2)    Notice under sub-section (1) may be cancelled by a notice
              given to the Inspector and a notice displayed in the factory not
              later than the day before the Sunday or Friday, or the substituted
              day to be cancelled, whichever is earlier.

             (3)    Where, in accordance with the provision of sub-section (1)
              any worker works on a Sunday or Friday, and has had a holiday
              on one of the three days immediately before it, that Sunday or
              Friday, as the case may be, shall for the purpose of calculating
              his weekly hours of work, be included in the preceding week.

              Notes
             According to Rule 7, the provisions of this section shall not
             apply to adult male workers engaged solely in the work of attending
             to boilers or prime movers, on condition that -

                    (a)   the manager of the factory shall classify all such
                           workers into groups according to the nature of the work;

                    (b)   a notice showing the groups of workers working under the
                           provisions of this rule shall be displayed, maintained in
                           accordance with the provisions of sub-section (2) of
                           section 109;

                    (c)   an attendance register for such workers is maintained in
                           Form No.1 and in respect of each worker the time of
                           commencement of each period of work be entered therein
                           beforehand and the time of finishing each period of work
                           be entered therein immediately after the period of work
                           has been completed; and

                    (d)   no such worker be employed for more than fourteen
                           consecutive days without a holiday for a whole day.

      52.    Compensatory weekly holiday. -

             (1)    Where, as a result of the passing of an order or the
              making of a rule under the provisions of this Act exempting a
              factory or the workers therein from the provisions of section 51,
              a worker is deprived of any of the weekly holidays provided for in
              sub-section (1) of that section, he shall be allowed, as soon as
              circumstances permit, compensatory holidays of equal number to the
              holidays so deprived of.

             (2)    The Government may make rules prescribing the manner in
              which the compensatory holidays under sub-section (1) shall be
              allowed.

              Notes
              Rule 5 provides for compensatory holidays: -

             (1)    Where, as a result of any of these rules exempting the
             workers in a factory from the operation of  the
             provisions of section 51, a worker is deprived of any of
             the weekly holidays for which provision is made under
             sub-section (1) of section 52, he be allowed compensatory
             holidays of equal number to the holidays so lost in the
             manner prescribed by this rule.

             (2)    Every worker shall be allowed compensatory holidays to
             which he is entitled under sub-rule (1), as soon as the
             circumstances permit, either within the same month in
             which the holidays were due to him or within two months
             immediately following that month:

             Provided that in the case of a seasonal factory, a worker
             shall be allowed the compensatory holidays before the close of the
             current session.

             (3)    All the workers may be allowed the compensatory holidays
             either simultaneously or by rotation as may be deemed
             expedient.

             (4)    Notwithstanding anything contained in the foregoing sub-
             rule, in the case of a seasonal factory having a
             continuous  manufacturing process, a worker may, subject
             to the approval of the Chief Inspector,  be allowed   the
             compensatory holidays permissible under sub-rule (1) at
             the end of the current session at a time, commencing from
             a day not later than the date immediately following the
             day on which the current season comes to a close, and
             such worker shall be paid the wages due for the number of
             compensatory holidays so allowed before he is discharged
             for the season.

      53.    Daily hours. - No adult worker shall be required or
allowed to work in a factory for more than nine hours in any day:

      Provided that, subject to the provisions of sections 50, 54,
55 and 58, an adult worker may work in a factory for more than nine
hours, but not exceeding ten hours on any day.

      54.    Intervals for rest or meals. -  No adult worker in a
factory shall be liable to work -

             (a)   for more than six hours in any one day unless he
                   has been allowed an interval of at least one hour
                   during that day for rest or a meal;

             (b)   for more than five hours in any one day unless he
                   has been allowed an interval of at least half an
                   hour during the day for rest or a meal; or

             (c)   for more than eight and a half hours unless he has
                   had an interval under clause (a) or two such
                   intervals under clause (b) during that day for rest
                   or meals.

      55.    Spreadover. -  The periods of work of an adult worker in
a factory shall be so arranged that, inclusive of his interval for
rest or a meal under section 54, it shall not spread over more than
ten and a half hours or where the factory is declared to be a
seasonal one, eleven and a half hours on any day, save with the
permission of the Chief Inspector and subject to such conditions as
he may impose, either generally or in the case of any particular
factory.

      56.    Night shift. -  Where an adult worker in a factory works
on a shift which extends beyond midnight, -

             (a)   for the purposes of section 51 a holiday for a
                   whole day shall mean in his case a period of twenty
                   four consecutive hours beginning from the end of
                   his shift; and

             (b)   the following day for him shall be deemed to be the
                   period of twenty-four consecutive hours beginning
                   from the end of his shift and the hours he has
                   worked after midnight shall be counted towards the
                   previous day.

      57.    Prohibition of over-lapping shifts. -

             (1)    Work shall not be carried on in any factory by means of
              a system of  so arranged that more than one relay of workers is
              engaged in work of the same kind at the same time.

             (2)    The Government may make rules exempting, subject to such
              conditions as may be imposed, any factory or class or description
              of factories from the operation of the provisions of sub-section (1).


      58.    Extra allowance for overtime. -

             (1)    Where a worker works in a factory for more than nine
              hours on any day or more than forty eight hours in any week, he
              shall, in respect of overtime work, be entitled to an allowance at
              the rate of  twice his ordinary rate of wages:

             Provided that the ordinary rate of wages for calculating
             allowance for overtime work under this sub-section shall not
             include any bonus or any other additional payment in lieu of bonus.

             (2)    Where any workers in a factory are paid on a piece-rate
              basis, the Government, in consultation with the employer concerned
              and the representatives of the workers, may, for the purposes of
              this section, fix time rates as nearly as possible equivalent to
              the average rates of earnings of those workers, and the rates so
              fixed shall be deemed to be the ordinary rates of wages of those
              workers.

             (3)    The Government may prescribe the registers to be
              maintained in a factory for the purpose of securing compliance with
              the provisions of this section.

              Notes
             As is evident, overtime is payable after nine hours of work in
             a day or forty eight hours of work in a week.   For example:-

             If a worker works for ten hours on Monday and seven hours
             daily from Tuesday till Saturday, his total weekly working hours
             would be forty five.  He would still be paid one hour overtime for
             Monday because, on that day, his working hours exceeded nine hours
             notwithstanding  the fact that he only worked forty five hours in
             the week.

      59.    Restriction on double employment. - No adult worker shall
be employed or allowed to be employed in more than one factory on
any day, except with permission in writing from the Chief Inspector
on such terms and conditions as he may impose.

      60.    Notice of periods of work for adults and preparation
thereof. -

             (1)    There shall be displayed and correctly maintained in
              every factory in accordance with the provisions of sub-section (2)
              of section 109, a notice of periods of work for adults showing
              clearly the periods which adult workers may be required to work.

             (2)    The periods shown in the notice shall be fixed beforehand
              in accordance with the provisions of this section and shall be such
              that workers working during such periods would not be working in
              contravention of the provisions of sections 50, 51, 53, 54 and 55.

             (3)    Where all the adult workers in a factory are required to
              work during the same periods, the manager of the factory shall fix
              those periods generally.

             (4)    Where all the adult workers in a factory are not required
              to work during the same periods, the manager of the factory shall
              classify them into groups according to the nature of their work,
              and indicate the number of workers in each group.

             (5)    For each group which is not required to work in a system
              of shifts, the manager of the factory shall fix the period during
              which the group may be required to work.

             (6)    Where any group is required to work  on a system of
              shifts, and the relays are not or are not intended to be subject to
              predetermined periodical changes of shifts, the manager of the
              factory shall fix the periods during which each relay of the group
              may be required to work.

             (7)    Where any group is to work on a system of shifts and
              relays are, or are intended to be, subject to predetermined
              periodical changes of shifts, the manager of the factory shall draw
              up a scheme of shifts, where under the periods during which any
              relay of the group may be required to work on the relay which will
              be working at any time of the day shall be known for any day.

             (8)    A copy of the notice shall be sent in duplicate to the
              Inspector within fourteen days after the commencement of this Act,
              or, if the factory begins work after the commencement of this Act,
              before the day on which it begins work, for approval of the periods
              of work by the Inspector.

             The Inspector shall return a copy of the notice to the manager
              within one week of its receipt, indicating modifications, if any;
              the manager shall immediately comply with the modifications, if
              made and shall preserve the approval in the records of the factory.

             (9)    Any propsed change in the system of work in the factory
              which will necessitate a change in the notice shall be notified to
              the Inspector in duplicate before the change is made, and, except
              with the previous sanction of the Inspector, no such change shall
              be made.

             (10)   The Government may make rules prescribing the form and
              manner in which it shall be maintained.

              Note
             It was observed in a case (reported in AIR 1943 Oudh, 308)
              that where, acting on the assurance of the authorities concerned,
              a factory doing urgent military orders works overtime fully
              believing that the necessary exemption would be given, the manager
              and the occupier of the factory cannot be convicted of offence
              since there is no deliberate breach of rules as set out in section
              115.

      61.    Register of adult workers and supply or ticket and cards.
 
             (1)    The manager of every factory shall maintain a register of
              adult workers, to be available to the Inspector at all times during
              working hours, showing -

                    (a)   the name of each adult worker in the factory;

                    (b)   the nature of his work;

                    (c)   the group, if any, in which he is included;

                    (d)   where his group works on shifts, the relay to which
                          he is allotted; and

                    (e)   such other particulars as may be prescribed:

             Provided that if the Inspector is of the opinion that any
             muster roll or register maintained as part of the routine of a
             factory gives in respect of all or any of the workers in the
             factory, the particulars required under this section, he may, by
             order in writing, direct that such muster roll or register shall,
             to the corresponding extent, be maintained in place of, and be
             treated as, the register of adult workers in that factory.

             (2)    The Government may make rules prescribing the form of the
              register of adult workers, the manner in which it shall be
              maintained and the period for which it shall be preserved.

             (3)    Tickets or cards shall be supplied to the workers by the
              occupier or the manager of a factory in the following manner:

                    (a)   every permanent worker shall be provided with a
                          permanent Departmental ticket showing his number;

                    (b)   every 'badli' worker shall be provided with a
                          'badli' card' on which shall be entered the days on
                          which he has worked and which shall be surrendered
                          if he obtains permanent employment;

                    (c)   every temporary worker shall be provided with a
                          'temporary ticket' which shall be surrendered on
                          his leaving the job or getting  permanent
                          employment;

                    (d)   every 'casual' worker will be provided with a
                          'casual card', on which shall be entered the days
                          on which he has worked in the factory; and

                    (e)   every apprentice shall be provided with an
                          'apprentice card' which shall be surrendered if he
                          obtains permanent employment or if he leaves his
                          training.

             Explanation:-  The different classes of workers in this sub-
             section shall have the same meaning as in the Industrial and
             Commercial Employment (Standing Orders) Ordinance, 1960.

             (4)    Every worker shall, on being required to do so, by the
              Inspector or any person authorised by the occupier or manager of
              the factory, produce his ticket or card for inspection.

              Note 

              It was held that putting of ginned cotton into bales and
              having it pressed must be considered to be work connected with the
              manufacturing process within the meaning of section 2(h) of the Act
              and that the fact that the workers employed on the machine were
              employees of the person who owned the cotton and not of the
              factory, does not make any difference and the accused is guilty of
              an offence for failure to maintain a register of workers (1933,
              Nagpur 283).

      62.    Hours of work to correspond with notice under section 60
and register under section 61. -  No adult worker shall be required
or allowed to work otherwise than in accordance with the notice
under sub-section (1) of section 60 and the entries made beforehand
against his name in the register maintained under section 61.

      63.    Power to make rules exempting from restrictions. -

             (1)    The Government may make rules specifying the persons who
              hold positions of supervision or management or are employed in work
              of a confidential nature in a factory, and the provisions of this
              Chapter except clause (b) of, and the proviso to sub-section (1) of
              section 65, shall not apply to any person so specified.

             (2)    The Government may make rules to exempt to such extent
              and subject to such conditions as may be specified, the adult
              workers -

                    (a)   engaged on urgent repairs, from the operation of
                          provisions of sections 50, 51, 53, 54 and 55;

                    (b)   engaged in work of a preparatory or complimentary
                          nature which must necessarily be carried on outside
                          the limits laid down for the general working of the
                          factory, from the operation of the provisions of
                          sections 50, 53, 54 and 55;

                    (c)   engaged in work which is necessarily so
                          intermittent that the intervals during which they
                          do not work while on duty ordinarily amount to more
                          than the intervals for rest required under section
                          54, from operation of provisions of sections 50,
                          53, 54 and 55;

                    (d)   engaged in any work which for technical reaons must
                          be carried on continuously throughout the day, from
                          the operation of the provisions of sections 50, 51,
                          53, 54 and 55;

                    (e)   engaged in making and supplying articles of prime
                          necessity which must be made or supplied everyday
                          from the operation of the provisions of section 51;

                    (f)   engaged in a manufacturing process which cannot be
                          carried on except during fixed seasons from the
                          operation of the provisions of section 51;

                    (g)   engaged in a manufacturing process which cannot be
                          carried on except at times dependent on the
                          irregular action of natural forces, from the
                          operation of the provisions of sections 51 and 54;

                    (h)   engaged in engine rooms or boiler houses or in
                          attending to power plants or transmission machinery
                          from the operation of the provisions of section 51;
                          and

                    (i)   engaged in the printing of newspapers, are held up
                          on account of the breakdown of machinery from the
                          operation of the provisions of sections 50, 53 and
                          55.

             (3)    Rules made under sub-section (2) providing for any
              exemption may also provide for any consequential exemption subject
              to such conditions, as may be imposed from the operations of the
              provisions of section 60.

             (4)    In making rules under this section, the Government shall
              not exceed except, in respect of clause (a) of sub-section (2), the
              following limits on work inclusive of overtime -

                    (i)    ten hours of work in any day;

                    (ii)   twelve hours of overtime work in any one week;

                    (iii)        twelve hours of spreadover, inclusive of intervals
                                 for rest or meal in any one day:

             Provided that subject to the previous approval of the Chief
              Inspector the daily maximum specified in section 53 may be exceeded
              in order to facilitate the change of shifts.

             (5)    Rules made under this section shall remain in force for
              such period, not exceeding three years, as may be specified
              therein.

      64.    Power to make exemption order. -

             (1)    Where the Government is satisfied that, owing to the
              nature of the work carried on or to other circumstances, it is
              unreasonable to require that the periods of work of any adult
              workers in any factory or class of factories should be fixed
              beforehand, it may, by written order, relax or modify the
              provisions of section 60 in respect of such workers to such extent
              and in such manner as it may think fit, and subject to such
              conditions as it may deem expedient to ensure control over periods
              of work.

             (2)    The Government or, subject to the control of the
              Government, the Chief Inspector, may by written order, exempt, on
              such conditions as it or he may deem expedient, any or all of the
              adult workers in any factory, or group, or class of factories from
              the operation of any or all of the provisions of sections 50, 51,
              54 and 60 on the ground that the exemption is required to enable
              the factory or factories to deal with an exceptional pressure of
              work.

             (3)    Any exemption given under sub-section (2) in respect of
              weekly hours of work shall be subject to the maximum limits
              prescribed under sub-section (4) of section 63.

             (4)    An order under sub-section (2) shall remain in force for
              such periods not exceeding two months from the date on which notice
              thereof is given to the manager of the factory:

             Provided that if in the opinion of the Government, the public
              interest so requires, it may from time to time, by notification in
              the official Gazette, extend the operation of any such order for
              such further periods, not exceeding six months at any one time, as
              may be specified in the notification.

      65.    Further restrictions on the employment of women. -

             (1)    The provisions of this Chapter, shall, in their
              application to women workers in factories, be supplemented by the
              following further restrictions, namely -

             (a)    no exemptions from the provisions of section 53 shall be
                     granted in respect of any worman, and

             (b)    no woman shall be allowed to work in a factory except
                     between 7 a.m. and 8 p.m.:

             Provided that the Government may, by notification in the
              official Gazette, in respect of any class or classes of factories
              and for the whole year or any part thereof, vary the limits laid
              down in clause (b)  to any span of ten and a half hours between 5
              a.m. and 8.30 p.m.

             (2)    The Government may make rules providing for the exemption
              from the above restrictions, to such extent and subject to such
              conditions as may be specified therein, of women working in fish-
              curing or fish-canning factories where the employment of women
              beyond the said hours is necessary to prevent damage to, or
              deterioration of, any raw materials.

             (3)    Rules made under sub-section (2) shall remain in force
              for such period, not exceeding three years, as may be specified
              therein.

      66.    Prohibition of employment of children. - No child who has
not completed fourteen years of age shall be required or allowed to
work in any factory.

      67.    Non-adult workers to carry tokens. - A child who has
completed fourteen years of age or an adolescent shall not be
required ot allowed to work in any factory unless -

             (a)   a certificate of fitness granted to him under
                   section 68 is in the custody of the manager of the
                   factory;
      
             (b)   such child or adolescent carries while he is at
                   work a token giving a reference to such
                   certificate.

      68.    Certificates of fitness. -

             (1)    A Certifying Surgeon shall, on the application of any
              young person or his parent or guardian, accompanied by a document
              signed by the manager of a factory that such person will be
              employed therein if certified to be fit for work in a factory, or
              on the application of the manager of the factory in which such
              person wishes to work,           examine such person and ascertain his
              fitness for work in such factory.

             (2)    The Certifying Surgeon may, after examination, grant to
              such young person in the prescribed form or renew -

             (a)   a certificate of fitness to work in a factory as a
                   child, if he is satisfied that the young person has
                   completed his fourteenth year, has attained the
                   prescribed physical standards and is fit for such
                   work;

             (b)   a certificate of fitness to work in a factory as an
                   adult, if he is satisfied that the young person has
                   completed his sixteenth year and is fit for a full
                   day's work in a factory:

              Provided that unless the Certifying Surgeon has personal
              knowledge of the place where the young person proposes to work and
              of the manufacturing process in which he will be employed, he shall
              not grant or renew the certificate under this sub-section until he
              has examined such place.

             (3)    A certificate of fitness granted or renewed under sub-
              section (2) -

             (a)   shall be valid only for the period of twelve months
                   from the date thereof;

             (b)   may be made subject to re-examination of the young
                   persons before the expiry of a period of twelve
                   months, or subject to conditions in regard to the
                   nature of the work in which the young person may be
                   employed.

             (4)    A Certifying Surgeon shall revoke any certificate granted
              or renewed under sub-section (2) if in his opinion the holder of it
              is no longer fit to work in the capacity stated therein in a
              factory.

             (5)    Where a Certifying Surgeon refuses to grant a certificate
              or a certificate of the kind requested, or revokes a certificate,
              he shall, if so requested by any person who could have applied for
              the certificate or the renewal therefor, state his reasons in
              writing for such refusal.

             (6)    Where a certifcate under this section with reference to
              any young person is granted or renewed subject to such conditions
              as are referred to in clause (b) of sub-section (3), the young
              person shall not be required or allowed to work in any factory
              except in accordance with those conditions.

             (7)    Any fee payable for a certificate under this section
              shall be paid by the occupier and shall not be recoverable from the
              young person or his parents or guardian.

      69.  Effect of certificate of fitness granted to adolescents.

             (1)    An adolescent who has been granted a certificate of
              fitness to work in a factory as an adult under clause (b) of sub-
              section (2) of section 68, and who, while at work in the factory,
              carries a token giving reference to the certificate, shall, subject
              to the provisions of sub-section (1) of section 70, be deemed to be
              an adult for all puposes of Chapters VI and VIII.

             (2)    An adolescent who has not been granted a certificate of
              fitness to work in a factory as an adult under clause (b) of sub-
              section (2) of section 68, shall, notwithstanding his age, be
              deemed to be a child for the purposes of  this Act.

      70.    Working hours for children. -

             (1)    No child or adolescent shall be required or allowed to
              work in any factory -

             (a)   for more than five hours in any day; and

             (b)   between the hours of 7 p.m. and 7 a.m.

             (2)    The period of work of all children employed in a factory
              shall be limited to two shifts which shall not overlap or spread
              over more than seven and a half hours each.

             (3)    A child shall be employed in only one of the relays which
              shall not, except with the previous permission in writing of the
              Chief Inspector, be changed more frequently than once in a period
              of thirty days.

             (4)    The provisions of section 51 shall apply also to child
              workers; no exemption from the provisions of that section shall be
              granted in respect of any child.

             (5)    No child shall be required or allowed to work in any
              factory on any day on which he has already been working in another
              factory.

      71     Notice of periods of work for children. -

             (1)    In every factory in which children are employed, there
              shall be displayed in the manner laid down in sub-section (2) of
              section 109, a notice of periods of work for children, showing
              clearly the periods within which children may be required or
              allowed to work.

             (2)    The periods shown in the notice under sub-section (1)
              shall be fixed beforehand in the manner laid down for adult workers
              in section 60 and shall be such that children working on those
              periods would not be working in contravention of section 70.

             (3)    The provisions of sub-sections (8), (9) and (10) of
              section 60 shall apply also to the notice under sub-section (1).

             (4)    The Government may make rules prescribing the form of the
              notice under sub-section (1) and the manner in which it shall be
              maintained.

      72.    Register of child workers. -

             (1)    The manager of every factory in which children are
              employed shall maintain a register of child workers to be available
              to the Inspector at all times during working hours showing -

             (a)   the name and date of birth of each child and
                   adolescent worker in the factory;

             (b)   the nature of his work;

             (c)   the group, if any, in which he is included;

             (d)   where his group works on shifts, the relay to which
                   he is allotted;

             (e)   the number of his certificate of fitness granted
                   under section 68 and the date of its renewal; and

             (f)   such other particulars as may be prescribed. 

             (2)    The Government may make rules prescribing the form of the
              register of child workers, the manner in which it shall be
              maintained and the period for which it shall be preserved.

      73.    Hours of work to correspond with notice under section 71
and register under section 72. - No child shall be required or
allowed to work other than in accordance with the notice under sub-
section (1) of section 71 and the entries made beforehand against
his name in the register maintained under section 72.

      74.    Power to require medical examination. -  Where an
Inspector is of the opinion -

             (a)   that any person working in a factory without a
                   certificate of fitness is a child or an adolescent,
                   or

             (b)   that a child or adolescent working in a factory
                   with a certificate of fitness is no longer fit to
                   work in the capacity stated therein,

he may serve on the manager of the factory a notice requiring that
such person or such child or adolescent, as the case may be, shall
be examined by a Certifying Surgeon and such person, child or
adolescent shall not, if the Inspector so directs, be allowed to
work in any factory until he has been so examined and has been
granted a certificate of fitness or a fresh certificate of fitness
as the case may be, under section 68 or has been certified by the
Certifying Surgeon examining him not to be a child or adolescent.

      75.    Power to make rules. -  The Government may make rules -

             (a)   prescribing the form of certificates of fitness to
                   be granted under section 68, providing for grant of
                   duplicates in the event of loss of the original
                   certificates and renewals thereof and fixing the
                   fees which may be charged for such certificates and
                   renewals thereof and such duplicates;

             (b)   prescribing the physical standards to be attained
                   by children and adolescents working in factories;
                   and

             (c)   regulating the procedure of the Certifying Surgeon
                   under this Chapter and specifying other duties,
                   which they may be required to perform in connection
                   with the employment of children and adolescents in
                   factories and fixing the fees which may be charged
                   for such duties.

      76.    Provisions of this Chapter not in derogation of Act XXVI
of 1938. - The provisions of this Chapter shall be in addition to,
and not in derogation of, the provisions of the Employment of
Children Act, 1938.

              Note
              [See the Employment of Children Act, 1938]


CHAPTER VIII:  LEAVE AND HOLIDAYS WITH WAGES

      77.    Application of the Chapter. - Nothing in this Chapter
shall affect any right or privilege to which a worker has been
entitled on the date this Act comes into force, under any existing
law or under any award, agreement, settlement, contract, custom or
usage, if such right or privilege is more favourable to him.

      78.    Annual leave with wages. -

             (1)    Every worker who has completed one year of continuous
              servcie in a factory, shall be allowed during the subsequent period
              of twelve months, leave with wages for a number of days calculated
              at the rate of -

             (i)   if an adult, one day for every twenty-two days of
                   work performed by him during the previous period of
                   twelve months;

             (ii)  if a child, one day for every fifteen days of work
                   performed by him during the previous period of
                   twelve months:

             Provided that a period of leave shall be inclusive of any
              holiday which may occur during such period.

             (2)    If a worker does not, in any such period of twelve
              months, take the leave to which he is entitled under sub-section
              (1), either in whole or in part, any such leave not taken by him
              shall be added to the leave to be allowed to him under that sub-
              section in the succeeding period of twelve months:

              Provided that a worker, if an adult, shall cease to earn any
              leave under this section when the earned leave due to him amounts
              to twenty days and if a child, shall cease to earn any such leave
              when the earned leave due to him amounts to thirty days:

             Provided further that any leave applied for by a worker but
              refused by the occupier or manager or his authorised officer for
              any reason shall be added to the credit of such worker beyond the
              aforesaid limit.

             (3)    For the purpose of this section a worker shall be deemed
              to have completed a period of continuous service in an
              establishment notwithstanding any interruption in service during
              that period due to -

             (a)   any holiday;

             (b)   any leave with wages;

             (c)   any leave with or without wages due to sickness or
                   accident;

             (d)   any maternity leave not exceeding twelve weeks;

             (e)   any period of lay-off arising due to failure,
                   refusal or inability of an employer on account of
                   shortage of coal, power or raw material or the
                   accummulation of stock or the breakdown of
                   machinery or for any other reason, to give
                   employment to a worker whose name is borne in the
                   muster rolls of his factory;

             (f)   a strike which is not illegal or a lock-out which
                   is not legal.

              Notes 
              The employer cannot make payment in lieu of holidays.  As
              provided in this section, a worker is not entitled to any holiday
              before completion of twelve months' continuous service as
              contemplated under this section.  There is no consideration for
              unauthorised absence.  So, unauthorised absence causes a  break in
              continuous service.  In such a case, the employer will be justified
              not to give any holiday to the worker.

      79.    Festival holidays. -  

             (1)    Every worker shall be allowed at least ten days' festival
              holidays with wages  in a year.  The days and dates for such
              festivals shall be fixed by the occupier or manager in such manner
              as may be prescribed.

             (2)    A worker may be required to work on any festival holiday,
              but two days' additional compensation holidays with full pay and a
              substitute holiday shall be provided to him in accordance with the
              provisions of section 51.

      80.    Casual leave and sick leave. -

             (1)    Every worker shall be entitled to casual leave with full
              wages for ten days in a year.

             (2)    Every worker shall be entitled to fourteen days' sick
              leave on half the average wages in a year:

              Provided that sick leave or casual leave admissible under this
              section shall not be accumulated and carried forward to the
              succeeding year.

              Notes
             The annual leave is based on the number of days actually
              worked.  In the case of a worker who has availed himself of all
              kinds of leave during the previous year, the entitlement for annual
              leave in the subsequent year will be counted as follows:-

      As per section 51, out of 365 days 52 weekly holidays are to
be counted, while under section 79 festival holidays of 10 days are
to calculated, under sub-section (1) there will be ten days' casual
leave, while under section 88(2) there will be fourteen days' sick
leave and twelve days' annual leave will be available during the
past year, which means ninety-eight days in all.  If we divide the
balance of 267 working days by 22 we find that only 12 days' annual
leave can be given during the subsequent year.  In the same way, a
child will be entitled to 17 annual holidays.

      81.    Wages during leave or holiday periods. - For the leave or
holidays allowed to a worker under the provision of this Act, he
shall be paid -

             (a)   in case of leave with full wages, at the rate equal
                   to the daily average of his full time earnings,
                   including dearness allowance, if any, for the days
                   on which he worked during the month immediately
                   preceding his leave, but excluding any over-time
                   earnings and bonus; and

             (b)   in case of leave with half the average wages at the
                   rate equal to half the daily average of his
                   earnings calculated in the manner provided in
                   clause (a).

      82.    Payment in advance in certain cases. - Any worker who has
been allowed leave for not less than four days in the case of an
adult, and five days in the case of a child, under section 78
shall, before his leave begins, be paid the wages due for the
period of the leave allowed.

      83.    Power of Inspector to act for workers. -  Any Inspector
may institute proceedings on behalf of any worker to recover any
sum required to be, but has not been paid under this Chapter by an
occupier or manager.

      84.    Power to make rules. -

             (1)    The Government may make rules to carry into effect the
              provisions of this Chapter.

             (2)    Without prejudice to the generality of the foregoing
              power, rules made under this section may provide for maintaining by
              managers of factories of registers showing such particulars as may
              be specified and requiring such registers to be preserved and made
              available for examination by Inspectors.

      85.    Power to exempt factories. - Where the Government is
satisfied that the leave rules applicable to the workers in a
factory provide benefits which, in its opinion, are on the whole
not less favourable than those provided for in this Chapter, it
may, by order in writing, exempt a factory from all or any of the
provisions of this Chapter subject to such conditions as may be
specified in the order.

CHAPTER IX: SPECIAL PROVISIONS

      86.    Power to exempt public institutions. - The Government may
exempt, subject to such conditions as it may impose, any workshop,
or workplace where a manufacturing process is carried on, which is
attached to a public institution and maintained for the purpose of
education, training or reformation, from all or any of the
provisions of this Act:

      Provided that no exemption will be granted from the provisions
relating to hours of work and holidays unless the person having the
control of the institution submits for the approval of the
Government, a scheme for the regulation of the hours of employment,
intervals for rest and meals and holidays of the persons employed
in or attending the institutions and the Government is satisfied
that the provisions of the scheme are not less favourable than the
corresponding provisions of this Act.

      87.    Dangerous operations. - Where the Government is satisfied
that any operation carried on in a factory exposes any person
employed in it to serious risk of bodily injury, poisoning or
disease, it may make rules applicable to such factory or class of
factories in which such operation is carried on -

             (a)   specifying the operation and declaring it to be
                   hazardous;

             (b)   prohibiting or restricting the employment of women,
                   adolescents or children in the operation;

             (c)   providing for the periodical medical examination of
                   persons employed in the operation and prohibiting
                   the employment of persons not certified as fit for
                   such employment;

             (d)   providing for the protection of all persons
                   employed in the operation or in the vicinity of the
                   places where it is carried on; and use of any
                   specified materials or processes in connection with
                   the operation.

      88.    Notice of certain accidents. - Where in any factory an
accident occurs which causes death, or which causes any bodily
injury whereby any person injured is prevented from resuming his
work in the factory during the forty-eight hours immediately
following the accident or which is of such a nature as may be
prescribed in this behalf, the manager of the factory shall send
notice thereof to the Inspector in such form and within such time,
as may be prescribed.

Note

      The manager has been made primarily responsible for notifying
the accident though, as a matter of fact, both the occupier and the
manager are jointly  and severally responsible for contravening the
provisions of the Act (see also section 93).  It was held in a
Madras case (A.I.R. 1942 Madras 34) that if an occupier, being an
illiterate person, trusts his manager, it would not be a ground for
acquitting him, but lesser punishment may be awarded to him.

      89.    Notice of dangerous occurrences. - The Government may, by
notification in the official Gazette, extend the provisions of
section 88 to special classes of accidents, such as explosion,
fire, collapse of buildings, accidents to machinery or plant
occurring in a factory, although no death or bodily injury has been
caused to any person.

      90.    Notice of certain diseases. - 

             (1)    Where any worker in a factory contracts any disease
              specified in the Schedule, the manager of the factory shall send
              notice thereof to the Inspector in such form and within such time
              as may be prescribed.

             (2)    If any medical practitioner attends on a person who is,
              or has been employed in a factory and who is, or is believed by
              such medical practitioner to be suffering from any disease
              specified in the Schedule, the medical practitioner shall, without
              delay, send a report in writing to the Chief Inspector stating -

                    (a)   the name and full postal address of the patient;

                    (b)   the disease from which he believes the patient to
                          be suffering;

                    (c)   the name and address of the factory in which the
                          patient is or was last employed.

             (3)    The Government may add to or subtract from the Schedule
              any disease by notification in the official Gazette.

              Notes

             The Schedule referred to in this section and in section 91
              lists the following diseases as notifiable:-

             1.     Lead poisoning
             2.     Lead teracthyl poisoning
             3.     Phosphorous poisoning
             4.     Mercury poisoning
             5.     Manganese poisoning
             6.     Arsenic poisoning
             7.     Poinsoning by nitrous fumes
             8.     Carbon bisulphide poisoning
             9.     Benzene poisoning including poisoning by any of its
                     homologues
             10.    Chrome ulceration
             11.    Anthrax
             12.    Silicosis
             13.    Poisoning by halogens
             14.    Pathological manifestations due to
                     (a)   radium or other radio active substance
                    (b)   X-rays
             15.    Primary epithilmatous cancer of the skin
             16.    Toxic anaemia.


      91.    Power of direct enquiry into cases of accident or
disease. -

             (1)    The Government may, if it considers it expedient so to
              do, appoint a competent person under intimation to all concerned to
              enquire into the causes of any accident occurring in a factory, or
              into any case where a disease specified in the Schedule has been,
              or is suspected to have been, contracted in a factory and may also
              appoint one or more persons possessing legal or special knowledge
              to act as assessors in such enquiry.

             (2)    The person appointed to hold an enquiry under this
              section shall have all the powers of a Civil Court under the Code
              of Civil Procedure, 1908, for the  purposes
              of enforcing the attendance of witnesses and compelling the
              production of documents and material objects, and may also, so far
              as may be necessary for the purposes of the enquiry, exercise any
              of the powers of an Inspector under this Act; and every person
              required by the person making the enquiry to furnish any
              information shall be deemed to be legally bound so to do within the
              meaning of section 176 of  the Penal Code, 1860 (as adapted).

             (3)    The person holding an enquiry under this section shall
              make a report to the Government stating the causes of the accident
              or  disease, as the case may be, and any attendant circumstances,
              and adding thereto any observations which he, or any of the
              assessors, may think fit to make.

            (4)    The Government may, if it thinks fit, cause to be
              published any report made under this section or any extract
              therefrom.

             (5)    The Government may make rules for regulating the
              procedure of enquiries under this section.

      92.    Power to take samples. - 

             (1)    An Inspector may, at any time during the normal working
              hours of a factory, after informing the occupier or the manager of
              the factory or other person for the time being purporting to be the
              manager of the factory, take, in the manner hereinafter provided,
              a sufficient sample of any substance used or intended to be used in
              the factory such use being, in the opinion of the Inspector -

             (a)   in contravention of any of the provisions of this
                   Act or the rules made thereunder, or

             (b)   likely to cause bodily injury or injury to the
                   health of workers in the factory.

             (2)    Where the Inspector takes a sample under sub-section (1),
              he shall, in the presence of the person informed under the sub-
              section unless such person wilfully absents himself, divide the
              sample into three portions and effectively seal and suitably mark
              them and shall permit such person to add his own seal and mark
              thereon.

             (3)    The person informed as aforesaid shall, if the Inspector
              so requires, provide the appliances for dividing, sealing and
              marking the sample taken under this section.

             (4)    The Inspector shall -

             (a)   forthwith give one portion of the sample to the
                   person informed under sub-section (1);

             (b)   forthwith send the second portion to a Government
                   analyst for analysis and report thereon; and

             (c)   retain the third portion for production to the
                   Court before which proceedings, if any, are
                   instituted in respect of the substance.

             (5)    Any document, purporting to be a report under the hand of
              any Government analyst upon any substance submitted to him for
              analysis and report under this section, may be used as evidence in
              any proceedings instituted in respect of the substance.


CHAPTER X:  PENALTIES AND PROCEDURE 

93.   General penalty for offences. - Save as is otherwise expressly
provided in this Act and subject to the provisions of section 94,
if in, or in respect of, any factory, there is any contravention of
any of the provisions of this Act or any rules made thereunder, 
the occupier and the manager of the factory shall each be guilty of
an offence punishable with a fine which may extend to Taka one
thousand and, if the contravention is continued after conviction,
with a further fine which may extend to Taka seventy-five for every
day of the period during which the contravention continues.

Notes 
The question as to who is the occupier must depend, among
others, upon three considerations, viz. -

             (a)   who has the right of using the factory for purposes
                   under which it is constructed.

             (b)   who has the right of regulating and controlling it

             (c)   who has the predominant possession or general
                   superintendence over it

      94.    Liability of owner of premises in certain circumstances.

             (1)    Where in any premises separate buildings are leased to
              different occupiers for use as separate factories, the owner of the
              premises shall be responsible for the provision and maintenance of
              common facilities and services, such as approach roads, drainage,
              water supply, lighting and sanitation.

             (2)    The Chief Inspector shall have, subject to the control of
              the Government, power to issue orders to the owner of the premises
              in respect of the carrying out of the provisions of sub-section (1).

             (3)    Where in any premises, independent or self-contained
              floors or flats are leased to different occupiers for use as
              different factories, the owner of the premises shall be liable as
              if he were the occupier or manager of a factory, for any
              contravention of the provisions of this Act in respect of -

                    (i)   latrines, urinals and washing facilities in so far
                          as the maintenance of the common supply of water
                         for these purposes is concerned;

                    (ii)  fencing of machinery and plant belonging to the
                          owner and not specifically entrusted to the custody
                         or use of an occupier;

                    (iii)        safe means of access to the floors or flats
                                 and maintenance and cleanliness of staircases
                                 and common passages;

                    (iv)  precautions in case of fire;

                    (v)   maintenance of hoists and lifts; and

                    (vi)  maintenance of any other common facilities provided
                   in the premises.

             (4)    The Chief Inspector shall have, subject to the control of
              the Government, power to issue orders to the owner of the premises
              in respect of the carrying out of the provisions of sub-section(3).

             (5)    The provisions of sub-section (3) relating to the
              liability of the owner shall apply where in any premises
              independent rooms with common latrines, urinals and washing
              facilities are leased to different occupiers for use as separate
              factories;

             Provided that the owner shall be responsible also for
              complying with the requirements relating to the provision and
              maintenance of latrines, urinals and washing facilities.

             (6)    The Chief Inspector shall have, subject to the control of
              the Government, the powers to issue orders to the owner of the
              premises referred to in sub-section (5) in respect of the carrying
              out of the provisions of section 45 or 47.

             (7)    Where, in any premises, portions of a room or a shed are
              leased to different occupiers for use as separate factories, the
              owner of the premises shall be liable for any contravention of the
              the provisions of -

                    (i)   Chapter III, except sections 15 and 16

                    (ii)  Chapter IV, except sections 24, 25, 29, 36, 37 and
                          41:

              Provided that in respect of the provisions of sections 23, 26
              and 34 the owner's liability shall be only in so far as such
              provisions relate to things under his control:

              Provided further that the occupier shall be responsible for
              complying with the provisions of Chapter IV in respect of plant and
              machinery belonging to or supplied by him;

                    (iii)  Section 43.

             (8)    The Chief Inspector shall have, subject to the control of
              the Government, power to issue orders to the owner of the premises
              in respect of carrying out the provisions of sub-section (7).

             (9)    In respect of sub-sections (5) and (7), while computing
              for the purposes of any of the provisions of this Act the total
              number of workers employed, the whole of the premises shall be
              deemed to be a single factory.

      95.    Enhanced penalty after previous convictions. - If any
person, who has been convicted of any offence punishable under
section 93 is again convicted of an offence involving contravention
of the same provision, he shall be punished, on a subsequent
conviction, with imprisonment for a term which may extend to six
months, or with a fine which may extend to Taka one thousand or
with both:

      Provided that for the purposes of this section no cognizance
shall be taken of any conviction made more than two years before
the commission of the subsequent offence.

      96.    Penalty for obstructing an Inspector. - Whoever wilfully
obstructs an Inspector in the exercise of any power conferred on
him by or under this Act, or fails to produce on demand by the
Inspector any register or other document in his custody kept in
pursuance of this Act or of any rules made thereunder, or conceals
or prevents any worker in a factory from appearing before, or being
examined by an Inspector, shall be punishable with imprisonment for
a term which may extend to three months, or with fine which may
extend to Taka five hundred or with both.

Notes 

      If an Inspector asks the assistant manager of a factory to
produce any register and the assistant manager fails to do so on
the ground that the manager had locked the same in his room and
left the office thereafter,  the assistant manager is not liable to
be convicted.  The only person who can be made liable to be
convicted would be the one who failed to produce the register which
was in his custody.

      97.    Penalty for wrongful disclosure of information. -
Whoever, except in so far as may be necessary for the purpose of a
prosecution for any offence punishable under this Act, publishes or
discloses to any person the results of any analysis made under
section 92 shall be punishable with imprisonment for a term which
may extend to three months, or with a fine which may extend to Taka
five hundred or with both.


      98.    Restriction on disclosure of information. -

             (1)    No Inspector shall, while in service or after leaving the
              service, disclose other than in connection with the administration
              of this Act, any information relating to any manufacturing or
              commercial secret which may come to his knowledge in the course of
              his official duties.

             (2)    Nothing in sub-section (1) shall apply to any disclosure
              of information made with the previous consent in writing of the
              owner of such business or process or for the purposes of any legal
              proceeding (including arbitration) pursuant to this Act or of any
              criminal proceedings which may be taken, whether pursuant to this
              Act or otherwise, or for the purposes of any report of such
              proceedings as aforesaid.

             (3)    If any Inspector contravenes the provisons of sub-section (1),
              he shall be punishable with imprisonment for a term which may
              extend to six months, or with a fine which may extend to Taka one
              thousand or with both.

      99.    Offences by workers. -

             (1)    Subject to the provisions of section 111, if any worker
              employed in any factory contravenes any provision of this Act or
              any rules or orders made thereunder imposing any duty or liability
              on workers, he shall be punishable with a fine which may extend to
              Taka fifty.

             (2)    Where a worker is convicted of an offence punishable
              under sub-section (1), the occupier or manager of the factory shall
              not be deemed to be guilty of an offence in respect of that
              contravention unless it is proved that he failed to take all
              reasonable measures for its prevention.

      100.   Penalty for using false certificates of fitness. -
Whoever knowingly uses or attempts to use, as a certificate of
fitness granted to himself under section 68, a certificate granted
to another person under that section, or who, having procured such
a certificate, knowingly allows it to be used, or allows another
person to attempt such a use, shall be punishable with imprisonment
for a term which may extend to one month, or with a fine which may
extend to Taka fifty or with both.

      101.   Penalty for double employment of a child. - If a child
works in a factory on any day on which he has already been working
in another factory the parent or guardian of the child or the
person having custody or control over him, or obtaining any direct
benefit from his wages, shall be punishable with a fine which may
extend to Taka fifty unless it appears to the Court that the child
so worked without the consent, connivance or wilful default of such
parent, or guardian or person.

      102.   Offences by a firm, company, etc. -

             (1)    Where a person guilty of an offence punishable under this
              Chapter for which the occupier of a factory is punishable-

             (a)   is a firm or other body of individuals every
                   partner or member thereof; or

             (b)   is a company other than a private company every
                   director thereof; or

             (c)   is a private company, every shareholder thereof
                   shall be deemed to be guilty of such offence:

              Provided that where any such firm, body or company gives
              notice to the Inspector nominating one of its partners, members,
              directors or in the case of a private company, shareholder, who is
              a resident of Bangladesh to be the occupier of the factory for the
              purposes of this Chapter, such partner, member, director or
              shareholder, as the case may be, shall so long as he is so
              resident, be deemed to be such occupier until further notice
              cancelling his nomination is received by the Inspector or until he
              ceases to be a partner, member, director or shareholder.

             (2)    Where a person guilty of an offence punishable under
              section 94 for which the owner of a premises or building is
              punishable is a firm, body of individuals or company, reference in
              this section to an occupier shall be deemed to be a reference to an
              owner and the provisions of this section shall apply accordingly.

      103.   Exemption of occupier or manager from liability in
certain cases. - 

             (1)    Where the occupier or manager of a factory is charged
              with an offence under this Act,  he shall be entitled upon
              complaint duly made by him to have any other person whom he charges
              as the actual offender brought before the Court at the time
              appointed for hearing the charge.

      Note 
             (1)    Under this section, both the occupier and the manager can
              escape the liability provided that they can prove that there was no
              absence of due diligence on their part and the actual offender had
              committed the offence without their knowledge.  In a Bombay case
              (A.I.R. 1940 Bom. 265) it was observed that the factory inspector
              should have a right to cross-examine the person whom he has charged
              if that person chooses to go into the witness box to set up
              statutory defence.

             (2)    If, after the commission of the offence has been proved,
              the occupier or manager of the factory, as the case may be, proves
              to the satisfaction of the Court, that he has used due diligence to
              prevent the commission of the offence and that the said other
              person committed the offence in question without his knowledge,
              consent or connivance, that other person shall be punished for the
              offence as if he were the occupier or manager,  and  the occupier
              or manager shall be discharged from any liability for the offence.

             (3)    Where it is made to appear to the satisfaction of the
              Inspector at any time before the institution of proceedings for an
              offence under this Act -

                    (a)   that the occupier or manager of the factory has
                          used all due diligence to prevent the commission of
                          the offence;

                    (b)   that it has been committed without the knowledge,
                          consent or connivance, and in contravention of the
                          orders, of the occupier or manager; and

                    (c)   that it has been committed by any other person, the
                          Inspector shall proceed against such other person
                          who shall be punishable for the offence as if he
                          were the occupier or manager.

      104.   Power of the Court to make orders. - 

             (1)    Where the occupier or manager of the factory is convicted
              of an offence punishable under this Act,  the Court may, in addtion
              to awarding any punishment, by order in writing require him, within
              a period specified in the order, which may, on application in that
              behalf be extended from time to time to take such measures as may
              be so specified for remedying the matters in respect of which the
              offence was committed.

             (2)    Where an order is made under sub-section (1), the
              occupier or manager of the factory, as the case may be, shall not,
              during the period specified therein or extended period, if any, be
              liable under this Act for continuation of the offence for which he
              has been convicted.

             (3)    If the order of the Court under sub-section (1) is not
              fully complied with during the aforesaid period, the occupier or
              manager, as the case may be, shall, on the expiry of such period,
              be deemed to have committed further offence punishable with
              imprisonment for a term which may extend to six months, or with a
              fine which may extend to Taka one hundred for every day after the
              expiry of the said period during which the order has not been
              complied with, or with both.

      105.   Presumption as to employment.  Every person who is found
in a factory at any time, except during intervals for meals or
rest, when work is going on or the machinery is in motion, shall,
until the contrary is proved, be deemed for the purposes of this
Act and the rules thereunder, to be, at that time employed in the
factory.

      106.   Onus as to age.

             (1)    When an act or omission would, if a person were under or
              over a certain age, be an offence punishable under this Act, and
              such person is, in the opinion of the Court, apparently under or
              over such age, the burden of proving that such person is not under
              or over such age shall be on the accused.

             (2)    A declaration in writing by a Certifying Surgeon relating
              to a worker that he has personally examined and believes that he is
              under or over the age set forth in such declaration shall, for the
              purposes of this Act, be admissible as evidence of the age of the
              workers.

      107.   Cognizance of offences. -

             (1)    No Court shall take cognizance of an offence under this
              Act except upon complaint made by, or under the authority of or
              with the previous permission in writing, of an Inspector:

             Provided that no case lying before a Court shall be withdrawn
              without the prior permission of the Chief Inspector of Factories.

            (2)    No Court inferior to that of a Magistrate of the First
              Class shall try an offence under this Act or any rules or order
              made thereunder.


CHAPTER XI: SUPPLEMENT

108.  Appeals. 

             (1)    Where an order in writing of an Inspector has been served
              under this Act on the manager of a factory, such manager or the
              occupier of the factory may, within thirty days of the serving of
              the order, appeal against it to the Apeellate Authority which may,
              subject to rules made in this behalf, confirm, modify or reverse
              the order.

             (2)    Subject to rules made in this behalf, the Appellate
              Authority may, and, if the appellant so requires, shall, hear an
              appeal under sub-section (1) with the aid of two assessors, one of
              whom shall be appointed by the Appellate Authority and the other by
              such body representing the industry concerned as may be prescribed:

             Provided that no assessor is appointed by such body, or if the
              assessor so appointed fails to attend at the time and place fixed
              for hearing the appeal, the Appellate Authority may, unless
              satisfied that the failure to attend is due to sufficient cause,
              proceed to hear the appeal without the aid of such assessor or, if
              it thinks fit, without the aid of any assessor.

             (3)    Subject to such rules as the Government may make in this
              behalf and subject to such conditions as to partial compliance or
              the adoption of temporary measures as the Appellate Authority may,
              in any case think it fit to impose, the Appellate Authority may, if
              it thinks fit, suspend the order appealed against pending the
              decision of the appeal.

             (4)    The Government may make rules for the purpose of this
              section and such rules may specify the classes of appeals which
              shall not be heard with the aid of assessors.

             (5)    In this section, 'Appellate Authority'  means the
              Government or such Authority as the Government may appoint in this
              behalf.

      109.   Display of notices. -

             (1)    In addition to the notices required to be displayed in
              any factory by this Act or the rules made thereunder, there shall
              be displayed in every factory the official address of the Inspector
              and the Certifying Surgeon and a notice containing such abstracts
              of this Act and of the rules made thereunder as may be prescribed.

             (2)    All notices required to be displayed in a factory by or
              under this Act shall be -

             (a)   written in Bengali, English and, where the mother
                   tongue of the majority of the workers is other than
                   Bengali, in Urdu;

             (b)   displayed at a conspicuous and convenient place at
                   ot near the main entrance to the factory; and

             (c)   maintained in a clean and legible condition.

             (3)    The Chief Inspector may, by order in writing served on
              the manager of any factory, require that there shall be displayed
              in the factory any other notice or poster relating to the health,
              safety or welfare of the workers in the factory.

      110.   Service of notices and returns. - The Government may make
rules -

             (a)   prescribing the manner of the service of orders
                   under this Act, and

             (b)   requiring owners, occupiers or managers of
                   factories to submit such return, occasional or
                   periodical, as it may consider necessary for the
                   purposes of this Act.

      111.   Obligation of workers. -

             (1)    No worker in a factory shall -

             (a)   wilfully interfere with or misuse any appliance,
                   convenience or other thing provided in a factory
                   for the purposes of securing the health, safety or
                   welfare of the workers therein;

             (b)   wilfully and without reasonable cause do anything
                   which is likely to endanger himself or others.

             (c)   wilfully neglect to make use of any appliance or
                   other things provided in the factory for the
                   purposes of securing the health or safety of the
                   workers therein.

             (2)    If any worker employed in a factory contravenes any
              provision of sub-section (1), he shall be punishable with
              imprisonment for a term which may extend to three months, or with
              a fine  which may extend to Taka one hundred, or with both.

      112.   General power to make rules. -  The Government may make
rules providing for any matter which under any of the provisions of
this Act is to be or may be prescribed or which may be considered
expedient in order to give effect to purposes of this Act.

      113.   No charge for facilities and convenience. - Subject to
the provisions of section 45, no fee or charge shall be realised
from any worker in respect of any arrangements or facilities to be
provided or an equipment or appliances to be supplied by the
occupier under this Act.

114.  Publication of rules. -

             (1)    All rules made under this Act shall be subject to the
              condition of previous publication of the draft thereof with a
              notice specifying the date, not later than three months from the
              date of such publication on or after which the draft will be taken
              into consideration.

             (2)    All such rules will be published in the official Gazette
              and shall come into force on the date of such publication.

             (3)    Rules made under this Act may provide that a
              contravention thereof shall be punishable with a fine not exceeding
              Taka two hundred and fifty.

      115.   Protection to persons acting under this Act. - No suit,
prosecution or other legal proceeding shall lie against any person
for anything which is, in good faith, done or intended to be done
under this Act.

      116.   [Repealed]  Repealed by the East Pakistan Repealing and
Amending Ordinance, 1966.  (E.P. Ord. XIII of 1966). 


The Schedule  (See Sections 90 and 91)

 List of notifiable diseases

1.    Lead poisoning including poisoning by any preparation or
      compound of lead or their sequelae.
2.    Lead teracthyl poisoning
3.    Phophorus poisoning or its sequelae
4.    Mercury poisoning or its sequelae
5.    Manganese poisoning or its sequelae
6.    Arsenic poisoning or its sequelae
7.    Poisoning by nitrous fumes
8.    Carbon bisulphide poisoning
9.    Benzene poisoning including poisoning by any of its
      homologues, their nitro or amido derivatives or its sequelae
10.   Chrome alceration or its sequelae.
11.   Anthrax
12.   Silicosis
13.   Poisoning by Halogens or Halogen derivatives of the
      Hydrocarbons of the aliphatic series.
14.   Pathological manifestations due to -
      (a)    Radium or other radio-active substances.
      (b)    X-rays
15.   Primary equithlimatous cancer of the skin
16.   Toxic anaemia

The International Labour Organization is a United Nations specialized agency.

Updated by PAP/SUT/TRS. Approved by BKL. Last updated on 28 February 2001