1.

Background of Labour Act 2006

Laws regulating employer and establishment with regard to the rights and interests of workers
were introduced during the colonial time before the emergence on Bangladesh as an independent
country. The Factories Act, 1881 was the first law of this kind. Workmen's Compensation Act,
1923, Trade Unions Act, 1926, Trade Disputes Act, 1929, Payment of Wages Act, 1936,
Maternity Benefit Act, 1939, and the Employment of Children Act, 1938 are the subsequent
legislations of the colonial era.
As stated above the Factories Act, 1881 was the first labour law legislation of Bangladesh. It was
subsequently repealed by the Factories Act, 1934, which was again repealed by the Factories
Act, 1965, which gave effect to some of the ILO conventions. The Act of 1965 applies to
manufacturing establishments employing ten or more persons with or without the aid of any
mechanical power. The workers to whom the Factories Act of 1965 does not apply are covered
by the Shops and Establishment Act 1965. The other labour law legislations which were in force
immediately before enactment of the 2006 Act were the followings:
(i) The Workmen’s Compensation Act,1923
(ii) The Children (Pledging of Labour) Act,1833
(iii) The Dock Labourers Act,1934
(iv) The Workmen’s Protection Act,1934
(v) The Payment of Wages Act,1936
(vi) The Employer’s Liability Act,1938
(vii) The Employment of Children Act,1938
(viii) The Maternity Benefit Act,1939
(ix) The Mines Maternity Benefit Act,1941
(x) The Motor Vehicles (Drivers) Ordinance,1942
(xi) The Maternity Benefit (Tea Estate) Act,1950
(xii) The Employment (Records of Service) Act,1951
(xiii) The Bangladesh (Plantation Employees) Provident Fund Ordinance,
1959
(xiv) The Coal Mines (Fixation of Rates of Wage) Ordinance,1960
(xv) The Road Transport Workers Ordinance,1961
(xvi) The Minimum Wages Ordinance,1961
(xvii) The Plantation Labour Ordinance,1962
(xviii) The Employees Social Insurance Ordinance,1962
(xix) The Apprenticeship Ordinance,1962
(xx) The Employment of Labour (Standing Orders) Act,1965
(xxi) The Companies Profits (Worker’s Participation) Act,1968
(xxii) The Industrial Relations Ordinance, 1969 (XXIII of1969)
(xxiii) The Dock Workers (Regulation of Employment) Act,1980
2. Important definitions
‘Factory’ means any premises including the precincts thereof whereon five or more workers
ordinarily work on any day of the year and in part of which a manufacturing process is being
carried on, but does not include a mine. [Section 2 (vii)]
‘Adolescent’ means a person who has completed his fourteenth year but has not completed
eighteenth year of age. [Section 2 (viii)]
‘Gratuity’ means wages payable on termination of employment of a worker which shall be
equivalent to not less than thirty days' wages for every completed year of service or for any part
thereof in excess of six months. It shall be in addition to any payment of compensation or
payment in lieu of notice due to termination of services of a worker on different grounds.
[Section 2 (x)]
‘Retrenchment’ means the termination by the employer of services of workers, not as a measure
of punishment but on the ground of redundancy. [Section 2 (xi)]
‘Tribunal’ means the Labour Appellate Tribunal established under this Act. [Section 2 (xiii)]
‘Trade union’ means trade union of workers or employers formed and registered under Chapter
XIII of this Act and shall include a federation of trade unions. [Section 2 (xiv)]
‘Discharge’ means the termination of services of a worker by the employer for reasons of
physical or mental incapacity or continued ill-health of a worker. [Section 2 (xvii)]
‘Strike’ means cessation of work by a body of persons employed in any establishment acting in
combination or a concerted refusal, or refusal under a common understanding of any number of
persons who are or have been so employed to continue to work or to accept employment.
[Section 2 (xxii)]
‘Settlement’ means a settlement arrived at in the course of a conciliation proceeding, and
includes an agreement between an employer and his worker arrived at otherwise than in the
course of any conciliation proceedings, where such agreement is in writing, has been signed by
the parties thereto and a copy thereof has been sent to the Director of Labour and the Conciliator.
[Section 2 (xxv)]
‘Establishment’ means any shop, commercial establishment, industrial establishment or premises
in which workers are employed for the purpose of carrying on any industry. [Section 2 (xxxi)]
‘Adult’ means a person who has completed eighteenth year of age. [Section 2 (xxxvi)]
‘Dismissal’ means the termination of services of a worker by the employer for misconduct.
[Section 2 (xxxix)]
‘Commercial establishment’ means an establishment in which the business of advertising,
commission or forwarding is conducted or which is a commercial agency, and includes-
(a) a clerical department of a factory or of any industrial or commercial undertaking,
 (b) the office establishment of a person who for the purpose of fulfilling a contract
with any commercial establishment or industrial establishment employs workers,
(c) a unit of a joint-stock company,
(d) an insurance company, a banking company or a bank,
(e) a broker’s office
(f) a stock exchange,
(g) a club, a hotel or a restaurant or an eating house,
(h) a cinema or theatre,
(i) such other establishment or class thereof as the Government may, by notification
in the official Gazette, declare to be a commercial establishment for the purpose of this
Act; [Section 2 (xli)]
‘Employer’, in relation to an establishment, means any person who employs workers therein and
includes—
(a) a heir, successor, assign, guardian or legal representative, as the case may be, or
such person;
(b) any manager or person responsible for the management and control of the
establishment,
(c) in relation to an establishment run by or under the authority of the Government,
the authority appointed in this behalf or where no authority is so appointed, the head of
the Ministry or Division concerned,
(d) in relation to an establishment run by or on behalf of a local authority, the officer
appointed in this behalf or, where no officer is so appointed, the chief executive officer of
that authority;
(e) in relation to any other establishment, the owner of such establishment and every
director, manager, secretary, agent or other officer or person concerned with the
management of the affairs thereof, and
(f) in relation to an establishment under the occupation of any person other than the
owner, the person in occupation of that establishment or in ultimate control over the
affairs of the establishment and the manager or other person concerned with the
management of the affairs thereof. [Section 2 (il)]
‘Lock-out’ means the closing of a place of employment or part of such place, or the suspension,
wholly or partly, of work by an employer, or refusal, absolute or conditional, by an employer to
continue to employ any number of workers employed by him, where such closing, suspension or
refusal occurs in connection with the industrial dispute or is intended for the purpose of
compelling workers employed to accept certain terms and conditions of or affecting
employment. [Section 2 (lvii)]
‘Lay-off’ means the failure, refusal or inability of an employer on account of shortage of coal,
power or raw material or the accumulation of stock or the break-down of machinery to give
employment to a worker; [Section 2 (lviii)]
‘Industrial establishment’ means any workshop or other establishment in which articles are
produced, adapted or manufactured or where the work of making, altering, repairing,
ornamenting, finishing or packing or otherwise treating any article or substance, with a view to
their use, transport, sale, delivery or disposal, is carried on or such other class of establishments
which the Government may, by notification in the official Gazette, declare to be an industrial
establishment for the purpose of this Act, and includes any—
(a) road transport service or railway transport service,
(b) river transport service,
(c) airlines,
(d) dock, wharf or jetty,
(e) mine, quarry, gas-field or oil-field,
(f) plantation,
(g) factory,
(h) newspaper establishment;
(i) contractor’s or sub-contractor’s establishment for the purpose of construction,
reconstruction, repair, alteration or demolition of any building, road, tunnel, drain, canal
or bridge or ship-breaking or rebuilding or loading or unloading of cargo into vessel or
carrying thereof. [Section 2 (lxi)]
‘Industrial dispute’ means any dispute or difference between employers and employers or
between employers and workers or between workers and workers which is connected with the
employment or non-employment or the terms of employment or the conditions of work of any
person. [Section 2 (lxii)]
‘Child’ means a person who has not completed his fourteenth year of age. [Section 2 (lxiii)]
‘Worker’ means any person including an apprentice employed in any establishment or industry,
either directly or through a contractor, to do any skilled, unskilled, manual, technical, trade
promotional or clerical work for hire or reward, whether the terms of employment be expressed
or implied, but does not include a person employed mainly in a managerial or administrative
capacity. [Section 2 (lxv)]

9. Different health and hygiene related issues

Several health and hygiene related issues like cleanliness, ventilation, temperature, dust and
fume and so on are dealt with in Chapter V of the Act. As per section 51 of the Act. Every
establishment shall be kept clean and free from effluvia arising from any drain, privy or other
nuisance, and in particular:
 (a) accumulation of dirt and refuge shall be removed daily by sweeping or by any
other effective method from the floors and benches of work-rooms and from staircases
and passage and disposed of in a suitable manner;
(b) the floor of every work-room 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, side and
tops or passages an staircases shall—
(i) where they are painted or varnished, be repainted or revarnished at least
once in every three years,
(ii) where they are painted or varnished and have smooth imperious surface,
be cleaned at least once in every fourteenth months, 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 date on which the processes required by clause (d) are carried out shall be
entered in the prescribed register.
9.1 According to section 52 of the Act effective and suitable provisions shall be made in every
establishment for securing and maintaining in every work-room adequate ventilation by the
circulation of fresh air. Such temperature as will secure to workers therein reasonable conditions
of comfort and prevent injury to health. The walls and roofs, as required by section 52(2), shall
be of such material and so designed that such temperature shall not be exceeded but kept as low
as practicable. Where the nature of the work carried on in the establishment 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 there from by separating the process which
produces such temperature from the work-room by insulating the hot parts or by other effective
means. If it appears to the Government that in any establishment or class or description of
establishments 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 roof materials, or by other methods, it may prescribe such of those or other methods to
be adopted in the establishment.
9.2 Section 53 of the Act states that in every establishment in which, by reason of any
manufacturing process carried on, there is given off any dust or fume 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 accumulation in any work-room and it
inhalation by workers, and if any exhaust appliance is necessary for this purpose, it shall he
applied as near as possible to the point of origin of the dust, fume or other impurity, and such
point shall be enclosed so far as possible. In any establishment 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 accumulation of fumes therefrom as are likely to be injurious to the workers
employed in the work-room.
9.3 Section 54 of the Act requires that effective arrangements shall be made in every
establishment for disposal of wastes and effluents due to the manufacturing process carried on
therein.
9.4 According to section 55 of the Act in any establishment 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. If it appears to an
Inspector that the water used in an establishment for increasing humidity which is required to be
effectively purified under sub-section (1) is not effectively purified, he may serve on the
employer of the establishment 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.
9.5 Section 56 of the Act stipulates that no work-room in any establishment shall be
overcrowded to an extent injurious to the health of the workers employed therein. Without
prejudice to the generality of the provisions of section 56(1), there shall be provided for every
worker employed in a work-room at least 9.5 cubic metre of space in the establishment. If the
Chief Inspector by order in writing so requires, there shall be posted in each work- room of an
establishment a notice specifying the maximum number of workers who may, in compliance
with the provisions of this section, be employed in the room. The Chief Inspector may, by order
in writing, exempt, subject to such 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.
9.6 Section 57 of the Act requires that in every part of an establishment where workers are
working or passing, there shall be provided and maintained sufficient and suitable lighting,
natural or artificial, or both. In every establishment 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. In every establishment effective provisions shall, so far as is
practicable, be made for the prevention of:
(a) glare either directly from any surface of light or by reflection from 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.
9.7 Section 58 of the Act deals with the issues related to drinking water. In every establishment
effective arrangement 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. All
such points where water is supplied shall be legibly marked ‘Drinking Water’ in Bangla. In every
establishment wherein two hundred fifty or more workers are ordinarily employed, provision
shall be made for cooling the drinking water during the hot weather by effective means and for
distribution thereof. Where dehydration occurs in the body of workers due to work near
machineries creating excessive heat, there workers shall be provided with oral re-hydration
therapy.
9.8 Section 59 of the Act is related with the issues of latrines and urinals. In every establishment
sufficient latrines and urinals of prescribed types shall be provided conveniently situated and
accessible to workers at all times while they are in the establishment. Such latrines and urinals
shall be provided separately for male and female workers. Such latrines and urinals shall be
adequately lighted and ventilated. All such latrines and urinals shall be maintained in a clean and
sanitary condition at all times with suitable detergents and disinfectants.
9.9 The provisions related to dust bean and spittoon are enumerated in section 60 of the Act. In
every establishment there shall be provided, at convenient places, sufficient number of dust
beans and spittoons which shall be maintained in a clean and hygienic condition. No person shall
throw any dirt or spit within the premises of an establishment except in the dust beans and
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.
10. Different safety measures like fencing, casing, hoists and lifts, precautionary measures
etc.
10.1 The safety of building and machinery is dealt with in section 61 of the Act. If it appears to
the Inspector that any building or part of a building or any part of the ways, machinery or plant in
an establishment is in such a condition that it is dangerous to human life or safety, he may serve
on the employer of the establishment 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. 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 the establishment involves imminent danger to human life or safety,
he may serve on the employer of the establishment an order in writing prohibiting its use until it
has been properly repaired or altered.
10.2 The provisions as to precaution in case of fire are rendered in section 62 of the Act. Every
establishment shall be provided with at least one alternative connecting stairway with each floor
and such means of escape in case of fire and fire- fighting apparatus, as may be prescribed by
rules. If it appears to the Inspector that any establishment is not provided with the means of
escape prescribed under section 62(1) he may serve on the employer of the establishment an
order in writing specifying the measures which, in his opinion, should be adopted before a date
specified in the order. In every establishment 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, 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. In every establishment 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 Bangla and in red letters of adequate size or
by some other effective and clearly understood sign. In every establishment there shall be
provided effective and clearly audible means of giving warning in case of fire to every person
employed therein. 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 establishment. In every
establishment wherein more than ten workers are ordinarily employed in any place above the
ground floor, or explosive 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. In factories wherein
fifty or more workers and employees are employed shall arrange at least once in a year a mock
fire-fighting and the employer shall maintain a book of records in this regard.
10.3 The safety measures regarding fencing of machinery are enumerated in section 63 of the
Act. In every establishment the following shall be securely fenced by the 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 establishment as they would be if they were securely fenced- (i)
every part of an electric generator,- a motor or rotary converter, (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 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, such examination or operation is
made or carried in accordance with the provisions of section 64.
And 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 such worker would otherwise be
liable to come into contact, shall be securely fenced, to prevent such contact.
10.4 The provisions as to work on or near machinery in motion are stated in section 64 of the
Act. Where in any establishment it becomes necessary to examine any part of machinery referred
to in section 61 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 fifteen centimeters in width and unless the belt-
joint is either laced or flush with the belt. The Government may, by notification in the official
Gazette, prohibit, in any specified establishment or class or description of establishments, the
cleaning, lubricating, or adjusting by any person of specified part of machinery when those parts
are in motion.
10.5 The provisions as to striking gear and devices for cutting off power are stated in section 65
of the Act. In every establishment 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 from part of the transmission machinery, and such gear or appliances shall be so
constructed, placed and maintained as to prevent the belt from cropping back on the first pulleys.
Driving belts when not in use shall not be allowed to rest or ride upon shafting in motion. In
every establishment suitable devices for cutting off power in emergencies from running
machinery shall be provided and maintained in every work-room.
10.6 The stipulations regarding self-acting machines are provided in section 66 of the Act. No
traversing part of a self-acting machine in any establishment 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 other distance of forty five centimeters 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.
10.7 Section 67 of the Act deals with casing of new machinery. In all machinery driven by power
and installed in any establishment 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 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 it would be if it were completely encased.
10.8 Section 68 of the Act is concerned with cranes and other lifting machinery. The following
provisions shall apply in-
(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 crane does not approach within six metre of that
place.
10.9 As per section 69 of the Act in every establishment every hoist and lift shall be of good
mechanical construction, sound material and adequate strength, properly maintained, and shall be
thoroughly examined by 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. 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.
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. 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. Every
gate referred to in section 65(2) or 65(4) shall be fitted with interlocking or other efficient device
to secure that the gate cannot be opened except when the cage is at the landing and that the cage
cannot be moved unless the gate is closed.
The following additional requirements shall apply to hoists and lifts used for carrying persons
and installed or reconstructed in an establishment 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 with 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.
The Chief Inspector may permit the continued use of a hoist or lift installed in an establishment
before the commencement of this Act which does not fully comply with the provisions of sub-
section (1), (2), (3), (4) and (5) upon such conditions for ensuring safety as he may think fit to
impose.
10.10 The provisions as to revolving machinery are stated in section 70 of the Act. In every room
in an establishment 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 (a) maximum safe working
peripheral speed of every grind stone or abrasive wheel; (b) the speed of the shaft or spindle upon
which the wheel is mounted; and (c) the diameter of the pulley upon such shaft or spindle
necessary to secure such safe working peripheral speed. The speeds indicated in such notices
shall not be exceeded. Effective measures shall be taken in every revolving vessel, cage, basket,
flywheel, pulley dice or similar appliance driven by power is not exceeded.
10.11 Section 71 of the Act requires that if in any establishment any part of the plant or
machinery used in 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.
10.12 Section 72 provides provisions as to floors, stairs and means of access. In every
establishment all floors, stairs, passages and gangways shall be of sound construction and
properly maintained and where it is necessary to ensure safety steps, stairs, passages and
gangways shall be provided with substantial handrails. 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. All floors, ways and stairways shall be clean, wide and clear of
all obstructions.
10.13 Section 73 of the Act stipulates that in every establishment, 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.
10.14 Section 74 of the Act stipulates that no person shall be employed in any establishment to
lift, carry or move any load so heavy as to be likely to cause him injury.
10.15 The safety measures to be taken for protection of eyes of the labours are provided in
section 75 of the Act. The Government may, in respect of any manufacturing process carried on
in any establishment, by rules, require that effective screens of 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.
10.16 Powers to require specifications of defective parts or tests of stability are enumerated in
section 76 of the Act. If it appears to the Inspector that any building or part of a building or any
part of the ways, machinery or plant in an establishment, is in such a condition that it may be
dangerous to human life or safety, he may serve on the employer of the establishment 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 or
any specified parts and to inform the Inspector of the result thereof.
10.17 The precautions against dangerous fumes have been incorporated in section 77 of the Act.
In any establishment 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 such size, as may be prescribed or other effective means of egress. No portable
electric light of voltage exceeding twenty-four volts shall be permitted in any establishment 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. No person in any establishment shall enter or be
permitted to enter any such confined space until all practicable means have been taken to remove
any fumes which may be present and to prevent any ingress of fume 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 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. Suitable breathing apparatus, reviving
apparatus and belts and ropes shall, in every establishment, be kept ready for instant use beside
any such confined space as aforesaid which any person as entered, and all such apparatus shall
be periodically examined and certified by a competent person to be fit for use. A sufficient
number of persons employed in every establishment shall be trained and practised in the use of
all such apparatus and in the method of restoring respiration. No person shall be permitted to
enter in any establishment, any boiler furnace, boiler, flue chamber, tank, at, 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 to be safe for persons to enter.
10.18 The provisions regarding explosive or inflammable dust, gas, etc. are incorporated in
section 78 of the Act. Where in any establishment 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; and (c) exclusion or effective enclosure of all possible sources of
ignition. Where in any establishment the plant or machinery used in a process is not so
constructed as to withstand the probable pressure which such an explosion as aforesaid would
produce, all practicable measure 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.
Where any part of the plant or machinery in an establishment 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.
No plant, tank or vessel which contains or has contained any explosive or inflammable substance
shall be subjected in any establishment to any welding, brazing, soldering or cutting operation
which involves the application of heat unless adequate measures have been first taken to remove
such substance and any fumes arising therefrom or to render such substance and 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 mental has cooled sufficiently to prevent any risk of
igniting the substance.
11. Power of inspection by the competent authority:
Section 281 of the Act states that the competent authority may with such assistants, if any, as it
thinks fit, enter, inspect and examine any undertaking or part thereof at any reasonable time. The
authority may also examine any apprentice employed therein or require the production of any
register, record or other documents maintained in pursuance of this Chapter and take on the spot
or otherwise statements of any person which it may consider necessary for carrying out the
purposes of Chapter XVIII. Moreover, the authority may make such examination and enquiry as
it thinks fit in order to ascertain whether the provisions of this chapter and the rules are being
observed in the undertaking; and may also exercise such other powers as may be prescribed.

12. Ensuring employee welfare through facilities like first aid appliances, canteens, shelters,
recreational and educational facilities etc.
12.1 First-aid appliances
As per section 89 of the Act there shall, in every establishment be provided and maintained, so as
to be readily accessible during all working hours, first-aid boxes or cupboards equipped with the
contents prescribed by rules. The number of such boxes or cupboards shall not be less than one
for every one hundred fifty workers ordinarily employed in the establishment. Every first-aid box
or cupboard 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 establishment. A notice shall
be affixed in every work-room stating the name of 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
identification. In every establishment wherein three hundred or more workers are ordinarily
employed, there shall be provided and maintained a sick room with 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.

12.2 Maintenance of Safety Record Book

Section 90 of the Act stipulates that in every establishment/factory wherein more than twenty
five workers are employed, shall maintain compulsorily, in the prescribed manner, a safety
record book and safety board.

12.3 Washing facilities

Section 90 of the Act requires that in every establishment adequate and suitable facilities for
washing and bathing shall be provided and maintained for the use of the workers therein.
Separate and adequately screened facilities shall be provided for the use of male and female
workers. Such facilities shall be conveniently accessible and shall be kept clean. The
Government may in respect of any establishment or class or description of establishments,
prescribed standards of adequate and suitable facilities for washing.

12.4 Canteens
Section 92 of the Act provided the requirements of canteens. In every establishment wherein
more than one hundred workers are ordinarily employed, there shall be provided adequate
number of canteens for the use of the workers. The Government may make rules providing for
the standards in respect of construction, accommodation, furniture and other equipment of the
canteen; and for the constitution of a managing committee for the canteen and representation of
the workers in the management of the canteen. The managing committee to be formed under the
rules shall determine the foodstuff to be served in the canteen, and the charges therefor.

12.5 Shelters
As per section 90 of the Act in every establishment wherein more than fifty 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 92 shall be regarded as part of the requirements of this
section. Provided further that where a lunch room exist, no worker shall eat any food in the work
room. The shelters, rest rooms or lunch rooms provided under section 90(1) shall be sufficiently
lighted and ventilated and shall be maintained in a cool and clean condition. In the
establishments wherein more than 25 female workers are employed, separate shelter rooms are to
be maintained and in establishment wherein less than 25 female workers are employed, separate
and adequate spaces with screen shall be provided.

12.6 Rooms for children

Section 94 of the act requires that in every establishment, wherein forty or more 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. Such rooms shall provide adequate
accommodation, adequately lighted and ventilated and maintained in a clean and sanitary
condition and shall be under the charge of woman trained or experienced in the care of children
and infants. Such rooms shall be conveniently accessible to the mothers of the children
accommodated therein and so far as is reasonably practicable they shall not be situated in close
proximity to any part of the establishment where obnoxious fumes, dust or odours are given off
or in which excessively noisy processes are carried on. Such rooms shall be solidly constructed
and all the walls and roof shall be of suitable heat resisting materials and shall be water-proof.
The height of such rooms shall not be less than 360cm from the floor to the lowest part of the
roof and there shall be not less than 600sq. cm of floor area for each child to be accommodated.
Effective and suitable provisions shall be made in every part of such room for securing and
maintaining adequate ventilation by the circulation of fresh air. Such rooms shall be adequately
furnished and equipped and in particular there shall be one suitable cot or cradle with necessary
bedding for each child, at least one chair or equivalent seating accommodation for the use of
each mother while she is feeding or attending to her child and a sufficient supply of suitable toys
for the older children. A suitable fenced and shady open air play-ground shall be provided for the
older children. Provided that the Chief Inspector may, by order in writing, exempt any
establishment from compliance with this sub-rule if he is satisfied that there is not sufficient
space available for the provision of such a playground.

12.7 Recreational and educational facilities in tea plantation

As per section 95 of the Act the Government may, in respect of the tea plantations, (a) make
rules requiring every employer to make provision for such recreational facilities for the workers
and their children as may be prescribed; and (b) where the children of the tea plantation workers
between the ages of six and twelve of the workers exceed twenty-five in number, make rules
requiring the employer to provide educational facilities for the children in such manner and of
such standard as may be prescribed. In every tea plantation there shall be established adequate
medical centers for the workers and their children as may be prescribed by rules.

12.8 Housing and daily facilities in tea plantation

As per section 96 of the Act every employer in a tea plantation shall provide housing facilities to
every worker and his family residing in the tea plantation. Section 97 of the Act further requires
that every employer in a tea plantation shall provide facilities within easy reach of the workers
for obtaining the daily necessities of life.

12.9 Medical care for newspaper workers

Section 98 of the Act requires that every newspaper worker and his dependents i.e. shall be
entitled to medical care at the cost of the newspaper establishment in such manner and to such
extent as may be prescribed. The ‘dependents’ will include wife, or husband, as the case may be,
widowed-mother, invalid parents and legitimate sons and daughters of a newspaper worker
residing with him and wholly dependent upon him or her.

12.10 Compulsory Group Insurance

Section 99 of the Act states that the Government may, in the manner provided by rules, introduce
group insurance, in the establishments wherein minimum 200 permanent workers are employed.

17.1 Registration of trade union

According to section 177 of the Act any trade union may, under the signature of its president and
secretary, apply for registration of the trade union to the Trade Unions of the concerned area
under Chapter XIII. Such application shall be made to the Director of Labour or to the Officer
authorised in this behalf and shall be accompanied by:
(a) a statement showing—
(i) the name of the trade union and the address of its head office;
(ii) date of formation of the union;
(iii) the names, ages, addresses, occupations and the posts in the union of the
officers of the trade union;
(iv) statement of total paid membership;
 (v) the name of the establishment to which the trade union relates and the total
number of workers employed or engaged therein;
(vi) in case of a federation of trade unions, the names, addresses and registration
numbers of member-unions;
(b) three copies of the constitution of the trade union together with a copy of the
resolution of the meeting adopting such constitution bearing the signature of the
Chairman of the meeting;
(c) a copy of the resolution by the members of the trade union authorising its President
and Secretary to apply for its registration; and
(d) in case of a federation of trade unions a copy of the resolution from each of the
constituent unions agreeing to become a member of the federation.
The Director of Labour or the officer authorised in this behalf shall, or receipt of an application
under sub-section (1), forthwith send a copy thereof (along with the list of officers of the union)
to the employer concerned for information. Provided that in case of group of establishments
(Parathisthanpunja), a public notice showing the names of the officers of the union shall be
published at the expenses of the applicant.
Section 179 of the Act provides the requirements for registration. A trade union shall not be
entitled to registration under this Chapter unless the constitution thereof provides for the
following matters:
(a) the name and address of the trade union;
(b) the objectives for which the trade union has been formed;
(c) the manner in which a worker may become a member of the trade union specifying
therein that no worker shall be enrolled as its member unless he or she applies in the form
set out in the constitution declaring that he or she is not a member of any other trade
union;
(d) the sources of the fund of the trade union and statement of the purposes for which
such fund shall be applicable;
(e) the conditions under which a member shall be entitled to any benefit assured by the
constitution of the trade union and under which any fine or forfeiture may be imposed on
him;
(f) the maintenance of a list of the members of the trade union and of adequate facilities
for the inspection thereof by the officers and members of the trade union;
(g) the manner in which the constitution shall be amended, varied or rescinded;
(h) the safe custody of the funds of trade union, its annual audit, the manner of audit and
adequate facilities for inspection of the books of account by the officers and members of
trade union;
 (i) the manner in which the trade union may be dissolved;
(j) the manner of election of officers by the general body of the trade union and the term,
not more than two years, for which an officer may hold office;
(k) the number of members of the executive which shall not be less than five and more
than thirty-five as may be prescribed by rules;
(l) the procedure for expressing no confidence in any officer of the trade union; and
(m) the meetings of the executive and of the general body of the trade union, so that the
executive shall meet at least once in every three months and the general body at least
once every year.
A trade union of workers shall not be entitled to registration under this Chapter unless it has a
minimum membership of thirty percent of the total number of workers employed in the
establishment in which it is formed.
Provided that more than one establishments under the same employer, which are allied to and
connected with the another for the purpose of carrying out the same industry irrespective of their
place of situation, shall be deemed to be one establishment for the purpose of this section 179(2).
Where any doubt or dispute arises as to whether any two or more establishments are under the
same employer or whether they are allied to or connected with one another for the purpose of
carrying on the same industry the matter may be referred to the Director of Labour for decision.
Any person aggrieved by a decision of the Director of Labour under section 179(3) may, within
thirty days of the decision, prefer an appeal to the Labour Court; and the decision of the Labour
Court shall be final. Finally under section 182 the Director of Labour, on being satisfied that a
trade union has complied with all the requirements of this Chapter, shall register the trade union
in a register prescribed by rules and issue a registration certificate in the form prescribed by rules
within a period of sixty days from the date of receipt of the application for registration. However,
if the Director of Labour finds the application to be deficient in any material respect, he shall
communicate in writing his objection to the trade union within a period of fifteen days from the
receipt of the application and the trade union shall reply thereto within a period of fifteen days
from the receipt of the objection. When the objection raised by the Director of Labour has been
satisfactorily met, the Director of Labour shall register the trade union as provided in section
182(1) and if the objection is not met satisfactorily he shall reject the application. When the
application has been rejected or the Director of Labour has, after settlement of the objection
delayed disposal of the application beyond the period of sixty days provided in section 182(1),
the trade union may, within a period of thirty days from the date of such rejection or the date of
expiry of such period, whichever is earlier, appeal to the Labour Court. The Labour Court, after
hearing the appeal, for reasons to be stated in its judgment, may pass an order directing the
Director of Labour to register the trade union and to issue a certificate of registration within a
period of seven days from the date of order or may dismiss the appeal. Any party aggrieved by
the judgment passed by the Labour Court under sub-section (5) may prefer appeal to the Labour
Appellate Tribunal within 30 (thirty) days from the date of receipt of the order of the Labour
Court.
17.2 Membership with trade union
In general every worker is entitled to be a member of a trade union. However, as per section 180
notwithstanding anything contained in the constitution of a trade union, a person shall not be
entitled to be, or to be elected as a member or an officer of a trade union if (a) he has been
convicted of an offence involving moral turpitude or an offence under section 196(2) (d) or
section 298 and unless two years have elapsed from the date of his release; or (b) he is not
employed or engaged in that establishment in which the trade union is formed;