**Copy of the version sent for vetting**

The Bangladesh Labour Rules 20151

The Rules for the Bangladesh Labour Act, 2006 (Act No. 42 of 2006)

Note: Changes are marked in yellow colour

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Rapid review/translation of the selected chapters from the late June 2015 version (sent for vetting to the Ministry
of Law).

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 The Bangladesh Labour Rules, 2015
The People’s Republic of Bangladesh
Ministry of Labour and Employment
NOTIFICATION

Dated:……..Bangla/……….. 2015

S.R.O. No. …….. Law/2006.- In exercise of the power conferred by Section 351 of the
Bangladesh Labour Act, 2006 (Act Number 42 of 2006) (amended till date), the Government is
pleased to make the following rules:

CHAPTER I
PRELIMINARY
1. Short title:

(1) These Rules may be called Bangladesh Labour Rules, 2015.

(2) They shall come into force at once.

(3) They shall extend to the whole of Bangladesh.

2. Definition:

In these Rules, unless there is anything repugnant to the subject or the context,-

(A) ‘Act’ means the Bangladesh Labour Act, 2006 (Act Number 42 of 2006) (amended till date);

(B) ‘Form’ means the forms attached with this Rules;

(C) ‘Section’ means the section of the Bangladesh Labour Act, 2006;

(D) ‘Competent person’ means, for the purpose of these Rules, any person or establishment
experienced in the subject concerned which is nominated by the Government or the Inspector
General or the Director of Labour;

(E) ‘Newspaper worker’ means the journalists working in print and electronic media,
administrative workers or newspaper printing press workers;

(F) Any person ‘engaged in administrative or managerial works,’ Supervising Officer means:

(i)‘Any person engaged in administrative or managerial work’ means one or more person
authorized in writing by the employer or the management board with the ultimate
controlling power regarding various matters related to the factory or establishment- by
virtue of the power vested in him, engaged in the employment or determination of salary
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 and allowances, separation or dismissal or payment of final dues to workers or employees
of the factory or establishment or directly engaged in approval or controlling the
expenditure of the establishment.

(ii) By a ‘Supervisory Officer’ means one or more than one persons engaged in a job who has
been authorized in writing by the owner or management to determine the target of production or
service of a section or control of workload or control of implementation activities of a factory or
establishment, who by virtue of his work does evaluate, direct or supervise job of workers
employed in a section of a factory or establishment.

(G) Any ‘months’ described in this Act and Rules means the calendar months of the Gregorian
calendar;

(H) ‘Hatch’ means the opening of the deck which is used for continuation of a process or making
it neat and clean or for the passage of air;

(I) ‘Hatchway’ means the whole space of the hatch starting from the top of the dock and inside
space of the dock;

(J) ‘Lifting machinery’ means cranes, winches, hoists, derrick booms, derrick and mast bands,
goose neck, eyebolts, spreader and weight lifter used for work related to the process (derrick),
mast and anything permanently attached with the deck;

(K) ‘Process’ includes the necessary work related to loading goods and fuel in the ship or in the
ship anchored beside another ship or discharging goods or fuel or oil like substances from the
ship;

(L) ‘Premises’ means any dock, wharf, quay or any space used for loading or discharging goods
or fuel or oil like substances on a ship;

(M) ‘Pulley block’ means a pulley, block, jin or similar kind of gears permanently attached with
a crane and which is not a specially made crane or block;

(N) ‘Schedule’ means the schedule attached with these Rules;

(O) ‘Ship’ does not include any country made boat or Bojra shape, but includes water vehicles
which are not completely “rowing based” but used for water transportation;

(P) ‘Telephone Services’ are to include mobile operating establishment, all services in regard to
telecommunications including the establishment to operate land phone.

(Q) By ‘Out Sourcing Company’ means an establishment registered under Section 3 of the Act
which supply workers or perform any activity or job under an agreement.

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(R) By “hotel or restaurant” means hotel and restaurants operated by those of owners and also to
include establishment in operation or on run on the basis of contract or lease or similar
outsourcing companies.

(S) Any word or expression which has not been defined in these Rules but has been defined in
the Act shall have the meaning as per their definition in the Act.

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 CHAPTER II
CONDITIONS OF EMPLOYMENT AND SERVICE

3. Submission of Service Rules.-

(1) If the employer of any establishment intends to enact his own service rules to regulate the
service of workers or workers of a special category, he shall submit at least 5 (five) copies of the
draft service rules to the Inspector General.

(2) According to section 3 (2) of the Act, the draft service rules submitted to the Inspector by the
employer should contain the conditions of service for the workers in his establishment in light of
Form no.1.

(3) The draft service rules shall contain the relevant provisions prescribed in the Act. These
provisions shall not be less favourable for a worker than the similar provision prescribed in the
Act.

(4) The necessary information regarding the number of workers employed in the establishment
and trade union shall be given in Forms no. 2 and 2 (A) along with the draft service rules
submitted to the Inspector General.

(5) If different establishments of similar nature owned by the same employer or any group of
employers of different establishments of similar nature intend to submit a service rule, such
employer or employers or the responsible person of the group may submit such draft service
rules with the following information:

(A) The list of the employers included in such group and the name and full address of their
establishments; and

(B) A declaration to the effect that they shall be obligated to comply with the conditions of the
submitted draft service rules.

(C) If any establishment joins such group, the concerned responsible persons shall inform the
inspector within the following 07 (seven) days.

(D) If any establishment leaves the group, the service rules of the group shall be applicable to
such establishment until they get approval upon submission of separate service rules.

(E) At least one copy of the approved service rules should be sent by the concerned responsible
person to each of the establishments included in such group within 05 (five) working days of
such approval.

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4. Process of approval of the service rules.-

(1) Within 10 (ten) working days of receipt of the draft service rules, theInspector Generalshall
send an acknowledgement of such receipt to the employer and trade union (if there is any) of the
concerned establishment through registered post and shall also send a notice in Form no. 3.
After receiving such notice, the employer shall display the notice along with the draft service
rules on the notice board of the office of the establishment within 07 (seven) days of such receipt
and shall certify to the inspector to effect that the notice has been published mentioning the date
of such publication.

(2) The workers or trade union shall provide their proposals or objections (if any) regarding the
draft service rules exhibited in the notice in Form no. 3 (A) and submit it to the Inspector
General within 11 (eleven) days.

(3) After receiving the proposals or objections or from the workers/trade union, the Inspector
General shall hear the proposals or objections on a specified date and place and shall send the
proposals or objections, that seem to be reasonable to him, to the employer within the following
15 (fifteen) days.

(4) With or without amendment, as the case may be, if the Inspector General thinks that the draft
service rules are contradictory or inconsistent to the provisions of the Act or are not sufficient for
the fulfillment of the Act, he may postpone the approval of such draft service rules. If the
approval is postponed, the Inspector General may direct the employer/management authority to
submit new draft service rules with necessary amendments.

(5) The employer/management authority shall re-send new draft service rules according to sub
rule (4) within the following 15 (fifteen) days and the Inspector General, after hearing the
comments of the concerned parties, shall take the final decision.

(6) If an appeal against the decision of the Inspector General is submitted to the government, the
government shall settle the appeal within 45 days of such submission.

(7) Within a period of 07 (seven days) after the approval of the draft service rules by the
Inspector General, the employer/management authority shall send at least 05 (five) copies of the
service rules, typed on one page, to the Inspector General with appropriate signatures, stamp and
seal.

(8) According to sub rule (7) the service rule shall not be effective unless 30 days have passed
from the date of signature and seal by the Inspector General or, if an appeal has been submitted
against the decision of the Inspector General under section 3 (4) of the act, the final decision
regarding that appeal has been taken.

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(9) The Inspector General shall preserve one original copy of the service rule in his office and,
for this purpose, the Inspector General shall send a copy to the employer and collective
bargaining agent (CBA), if there is any.

(10) Register in this regard shall be maintained in Form no. 4 at the office of the Inspector
General.

(11) Any person or organization or any authority may collect a copy of the service rules from the
office of the Inspector General within 03 (three) days upon the payment of the real expense for
photocopying.

5. Existing service rules.-

After the commencement of these Rules, the employers of the establishments that have their own
existing service rules, shall within 03 (three) months of the commencement of these Rules,
prepare a new draft in compliance with the Bangladesh Labour Act, 2006 and its Rules and
submit it to the Inspector General for re-approval. In this case, the employer shall follow Rule
no.3 and, regarding the approval of such draft, the Inspector General shall follow the process
prescribed in Rule no.4, to the extent possible.

6. Amendment of service rules.-

Any proposal and approval of any kind of amendment in the existing service rules should follow
the process prescribed in Rules no. 3 and 4.

7. Functions related to Out Sourcing Agencies.-

(1) Application, issuance and renewal of license for out sourcing agencies supplying workers:-

(a) Any person or establishment with an aim to perform any job or to run activities relating to
supplying workers to a factory or establishment has to apply for a license to the Inspector
General in “Form no. 77 under Rule 340.

(b) As stated in Sub-Rule (a), following documents and information shall be submitted with the
application:

(i) 5 (five) copies passport-size photograph of the Applicant (in case the Applicant is a
company, establishment, joint company, partnership business, body or association,
photographs of all Directors and Partners);
(ii) Citizenship certificate of the Applicant (in case the Applicant is a company,
establishment, joint company, partnership business, body or association of Directors and
Partners);
(iii)Photocopy of the National Identity Card of the Applicant (in case the Applicant is a
company, establishment, joint company, partnership business, body or association of

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 Directors and Partners); if the Applicant is a foreign national copies of valid passports
and documents of residence permit;
(iv) Attested copy of the trade license;
(v) Attested copy of the Tax Identification Number (TIN) Certificate;
(vi) Attested copy of the VAT Registration Certificate;
(vii) Certificate from the bank to prove financial solvency;
(viii) In case the Applicant is a company, establishment, joint company, partnership
business, body or association, attested copies of the partnership deed, memorandum of
association, articles of association and registration certification;
(ix) Deposit money in favour of the Inspector General as prescribed in the Schedule through a
bank approved by the Government;
(x) Bank Draft, Pay-Order or Chalan (Treasury invoice) as license fees paid in accordance
with Rule 4.
(xi) The address and location and description of office management of the private service
providing or workers supplying establishment;
(xii) Required certificates regarding use of modern equipment of communications, e.g.,
fax, phone, internet connection;
(xiii) Facilities for providing required capacity building trainings or agreement with an
approved training agencies, if any, for the types of personnel wishes to supply.

(c) Upon receiving an application under Sub-Rule (1) the Inspector General shall designate an
Official under him to verify and submit a written report on information stated in the application
and if required the pre-introduction of the applicant shall be verified through the Special Branch
of District Police or Metropolitan Special Branch, or any other appropriate agency designated by
the Government.

(d) The Official designated under Sub-Rule (c) shall visit the location mentioned in the
application and upon verification and investigation submit a complete report to the Inspector
General.

(e) Upon receiving the report under Sub-Rule (d), the Inspector General shall approve the
application for the license if satisfied or if appropriate disapprove and inform the applicant
accordingly.

(f) The Inspector General shall not delegate his authority in regard to receiving applications for
license, issuing or non-issuing to an Official there under this Rule. Every license under this Rule
shall be issued in form no. 77 under Rule 321 and register shall have to be preserved in form no.
79.

(g) Receive of applications from a Contracting Agency and activities relating to issuing a license
shall completed through online. However, related paper documents have to be preserved.

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(2) Restrictions on the licensee and receiver of services.-(1)The licensee, without prior
permission from the Inspector General, shall not receive any service charge from any worker.

(2) In regard to breach of any condition in the agreement between the contracting agency
and service receiving agency, the parties may apply to the license issuing authority for a
resolution.

(3) In the service contract with workers supplied by the contracting agency no condition
shall be imposed which is less favourable compare to the Act.

(4) The outsourcing company shall preserve information regarding supply of workers to
any establishment or factory in the register of form no. 6.

(3) Forfeit of deposit of the licensee.-(1) In case of any service provided by a contracting
agency under this Rule, if there is fraud, fault in documents submitted, or employment of
workers for money other than the security deposit, subject to prove of allegations, the deposit
infavour of the Government shall be forfeit and a legal action shall be initiated against the
establishment.

(2) If a licensee cease its operation, the deposited amount shall be returned to the licensee or to
any other nominated representative within 3 months from the cease of the operation.

(4) License fee, deposit, renewal fee etc.-(1) If the Inspector General upon satisfaction
approved an application for issuing a license the prescribed amount for fees shall be deposited
through treasury chalan within 10 (ten) workdays from the day of approval.

(2) The licensee interested to renew the license shall apply to the Inspector General in
accordance with Sub-Rule (2) and (3) under Rule 341.

(3) The amount for license fee, renewal of license, and deposit shall be determined as per
Schedule VI under Rule 342. The license fee, fee for renewal of license shall be deposited to the
public exchequer through a treasury chalan.

(4) The Contracting Agency shall be considered as an establishment. The jurisdictions relating to
inspection by the Inspector General and other Inspector under Section 319 of the Act shall be
applicable for Out Sourcing Agencies as well.

(5) Deposit, Management Board for Deposit Fund, Investment, Payment of Lawful dues to
workers:

(1) The fees for deposit shall be determined as per Schedule VI under Rule 341.

(2) For a license, the Out Sourcing Agency shall deposit the prescribed amount in favour of the
“Out Sourcing Agency Deposit Fund.” The “Management Board for the Deposit Fund,” shall be
formed with following members:

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 (a) The Minister, Ministry of Labour and Employment will be the Chairperson to the
Management Board;

(b) The Secretary, Ministry of Labour and Employment shall be the Vice-Chairperson to
this Board;

(c) The Head of the license issuing authority to the Out Sourcing Companies shall be the
Member-Secretary to the Board;

(d) Official in the rank of a Joint Secretary to the Ministry of Labour and Employment
shall be the Member to this Board;

(e) Three Representatives of employers engaged in the business concerned shall be the
member to this Board who will be nominated by the Government;

(e) Three Representatives of workers working in the sector concerned or workers’

organizations shall be Members to this Board who will be nominated by the Government;

(g) Two more Officials or individual experts nominated by the Government will be
Members to this Board;

The Inspector General, in accordance with the decision of the Board, shall deposit the security
money to a bank account approved by the Government for this purpose. If the Government
considers it is necessary it can invest the money to any public investment plan. The interest
received from the investment can be used for payments of dues of workers for the sector
concerned on the basis of applications and verifications. However, the amount which shall be
paid to a worker or his heir of an establishment the contracting agency concerned shall reimburse
the same amount to the fund immediately.

(6) Duration of Members of the security fund for contracting agencies and their
resignation.-

a) Tenure of all members shall of 02 (two) years from the date of nominations.
b) Any member can resign submitting a signed letter in this regard addressed to the
Chairman and that seat shall be considered vacant from the date of acceptance of the
letter by the Chairman.

(7) Disqualification of Members. -Any individual shall not be eligible to be a member or

remain as the same under Sub-Rule 5 of Rule 2, if-

a) A competent court declare him as an insane or bankrupt;

b) He has already twice been nominated as a member to fund for consecutive period;
c) If he is convicted and sentenced to imprisonment for one year for an offence of moral
turpitude and if a period of 05 (five) years has not elapsed since his release;

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 d) If he is absent from 03 (three) consecutive meetings of the board without the permission
of the Chairman; and
e) If he stays outside the territory of Bangladesh for a period of more than 6 (six) months
without the permission of the Chairman.

(8) Removal of member. -The Management Board for Deposit Fund subject to the approval of
the Government under Sub-Rule 5 of Rule 2 shall remove a member through a written order, if
he-

a) fails to perform his duties or deny to perform under this Act, or been considered by the
Government as unable to perform that duties;
b) He abuses his position in the consideration of the Government;

(9) Approval of rules regarding appointment of workers: Three copies of the Service
Rules, as prescribed as a condition for the application for license, shall have to be
attached with the application and after approval by the Inspector General a copy thereof
with necessary seal shall be sent to each of the applicant and Director of Labour. In case
of approval of such Service Rules the Inspector General shall follow provisions of
approbation of Service Rules as prescribed in Section 3 of the Act;
(10) Standard of wages and facilities to workers or employees supplied to the
employing establishment: the wages and facilities shall not be less than the minimum
wages (if any), other allowances and facilities declared by the Government for position
concerned for the specific establishment of the industry where workers or employees or
services shall be supplied. If any Out Sourcing agency signs an agreement to perform a
specific work for an establishment in that case for the wages, work hour, leisure,
overtime, leave etc. of workers-employees employed provisions of the Act shall be
followed.

Provided that, the Out Sourcing Company shall be required to ensure that the establishment
where workers or employees are being supplied runs in compliance with all the provision
related to safety in the workplace. In case of any deviance in this regard the employer and
the Out Sourcing Company shall be equally liable as per provision of the Labour Act.

Further provide that the employer and the Out Sourcing Company shall not pay less than the
wages and allowances determined for a worker or employee in the agreement signed among
them and the employing establishment shall not employ any worker through the contracting
agency against any post which is permanent.

(11) Special security fund for workers: Every contracting agency within 06 (six) months of
issuance of their license, shall open a bank account on behalf of the organization with account
name “(name of the organization)………Worker’s Social Security Fund” in any scheduled
bank; in that bank account, the amount of money deposited shall be equivalent to one month’s

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salary of every worker appointed in the contracting agency and supplied to various
establishments for the gratuity against every worker (if applicable); which can only be directly
paid to the worker for any type of termination of his employment as a part of the worker’s
gratuity according to Section 2(10) of the Labour Act. The Government shall issue required
directions for opening up and running such accounts in the scheduled banks.

8. Classification of workers. –

Every employer shall prepare an organogram for their establishment that shall have to be
approved by the Inspector General. The type, number and nature of appointment of workers-
employees shall be mentioned in such an organogram. Based on the nature of work the
classification of workers-employees shall be as follows:

(a) Number of apprentice workers (worker as applicable under chapter eighteen)

(b) Number of substitute workers (if employed by contractor, it should be mentioned)

(c) Number of casual workers (if employed by contractor, it should be mentioned)

(d) Number of temporary workers (if employed by contractor, it should be mentioned)

(e) Number of probationary workers

(f) Number of permanent workers

(g) Number of seasonal workers, in cases of seasonal factories (if employed by contractor, it
should be mentioned)

9. Issuance of appointment letter and identity card and maintain privacy.-No appointment
can be made for any position, where the provisions of the Bangladesh Labour Act are applicable,
without issuance of appointment letter. This appointment letter can be given by a company only
once in one’s employment life. If lost or damaged, a copy of the appointment letter maintained in
the files can be provided to the worker upon submission of an application.

(1) Appointment letter: according to the Section 5 of the Act, the appointment letter must
contain the following information-

(a) Name of the worker:

(b) Father's name:

(c) Mother’s name:

(d) Spouse’s name (where applicable):

(e) Address: Present:

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Permanent:

(f) Designation, type of work, date of joining:

(g) Class of worker (according to Rule 8);

(h) Wages/pay scale (annual increment rate/present if there is any):

(i) Other financial benefits payable (house rent, medical treatment, education, food,
transportation, festival and attendance allowance and gratuity, if there is any):

(j) It should be mentioned that all conditions of appointment shall be made in accordance with
the existing service rules, (if any) and existing Labour Act.

(2) Identity Card: every employer shall issue an identity card with picture in Form no. 6 to
every worker appointed in his establishment at his own cost. However, if the worker lost his
identity card the new identity card issue by deposit 50 taka fee.

(3) Data base: While providing appointment letter, identity card and service book, information
shall be recorded in Form no. 6 (A).

(4) Maintain in privacy:-Whatever described in this Rules, any worker or person engaged in
administrative or managerial duty in a factory or establishment during performing duties or while
changing a job shall maintain secrecy of the business techniques.

10. Service record book, size and form.- According to Form no. 7 the size of the service book
should be 21.5” X 14.0”cm. It should contain16 (sixteen) printed pages with a cardboard cover.
For the purpose of inclusion of information, except the cover page, the pages of the service book
shall be divided as follows:

First part: information to identify the worker; (A) page- 1

Second part: information regarding the employer and employment; (B) page 2-5

Third part: service record, information regarding grants and allowances; (C) page 6 – 9

Fourth part: description of leave taken; (D) page10-13

Fifth part: record of the worker’s behaviour; (E) page 14 – 16

11. Inclusion of information in the service book. –

(1) The employer shall record the necessary information of the concerned worker in his service
book, within a period of one month from the date of the fixed term.

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(2) The following or other new information relating to a worker should be recorded in the
following timeline and it should be recorded within 15 days from the occurence of every
incident-

(a) the time of any change in pay scale or wages;

(b) the time of transfer from a different branch of the same establishment to a different
employment or to a different establishment of the same employer;

(c) if the worker receives any training or acquires any special skill;

(d) the time of enjoyment or cashing of annual leave;

(e) the time of retrenchment, discharge, dismissal, termination, resignation or retirement;

(f) the time of imposing any fine or punishment and giving any award or admiration;

However, no complaint regarding any misconduct shall be recorded in the service book until
proved.

12. Issuance, hand-over of service record book and providing duplicate service record
book.-

(1) The employer shall make arrangements to open separate service books for every worker
within a period of 15 (fifteen) days from the appointment of any permanent or temporary or
seasonal worker or on completion of probation period and the employer shall bear the cost of
taking photographs to attach thereto;

(2) Whenever any worker submits the service book of his previous employment, he shall be
given a submission receipt in Form no. 7 (A);

(3) If any worker intends to preserve a duplicate service book in his custody, he may do that by
depositing Taka 20 in cash as the price of the service book to the appointing authority. In such
case, the word “DUPLICATE” shall be written in the service book provided. The employer
/management authority shall provide that within a period of 07 (seven) days after the money is
deposited.

(4) If the book preserved with the worker is lost or damaged, the employer should be informed
immediately in writing and in such case the worker may collect another duplicate copy of the
service book after depositing Taka 30 to the authority.

(5) According to Section 6 (7) termination means the termination of employment of the worker
in any form such as dismissal, retrenchment, discharge, termination, retirement and resignation.

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(6) The worker should return his service book within 02 (two) working days of the termination of
his employment. However, during the final payment of his dues, the service book should be
brought and the information regarding the payment should be recorded therein.

(7)In the mean time of providing worker service book, the authority if wantmay keep in one
duplicate copy of worker service book in his personal file.

(8) The service book may preserved in computer, in this case computer printout supplied to the
worker.

13. Worker’s register.-

(1) A worker’s register for all types of workers employed in every establishment should be
maintained in Form no. 8 and that will be organized according to the classification of workers.

(2) The description in the register should be maintained in Bengali and the dates should be
written according to the Gregorian calendar. However, the establishment if want may maintained
the register in English.

(3) If any establishment maintains the worker’s register in the prescribed form on a computer, the
printed copy thereof shall be considered as worker’s register.

14. Leave register.-

(1) According to Section 10 of the Act, the leave register shall be maintained in Form no. 9 and
a detailed account of leave granted according to Sections 115, 116 and 117 shall be recorded
therein.

(2) If any establishment maintains the leave register in the prescribed form on a computer, the
printed copy thereof shall be considered as leave register, if it's printed copy is used by
incorporating in the personal file of the worker.

15. Giving notice related to lay-off and closure of establishment to the Inspector.-

(1) If workers are laid off due to stoppage of work according to Section 12 (8) of the Act or if the
establishment is closed according to Section 13 of the Act, the Inspector concerned should be
immediately informed of such lay-off and closure in writing through Form no. 10 by mentioning
the number of the concerned victims and jobless workers.

(2) If the lay-off or closure of the establishment or factory is for more than 60 days, the workers
can be retrenched upon payment of all dues in accordance with Section 20 of the Act. If the
closure is in accordance with Section 13, no notice or wages in lieu of notice shall be given
according to Section 20 (2) (a) of the act.

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(3) Any factory/establishment whose workers have been laid off or which is temporarily closed
cannot be given in lease or be engaged in production or service process by making rental lease
unless all the lawful dues of the workers are paid.

16. Muster-roll for laid-off workers.-

The muster roll of the workers laid-off according to Section 17 of the Act should be maintained
in Form no.10 (a).

17. Notice of retrenchment.-

The notice given to workers retrenched according to Section 20 (2) (A) of the Act should contain
the following information: –

(A) Name of the establishment:

(B) Name, designation and card number of the worker:

(C) Reason for retrenchment:

(D) Date on which retrenchment takes effect:

(E) Total period of employment:

(F) Entitlement of the worker: –

(1) Notice pay (where applicable):

(2) Gratuity/compensation:
(3) Wages for an enjoyed leave:
(4) Arrear leaves, other allowances and overtime announces (if there is any due):

(G) Date of payment of dues:

18. Discharge from service.-

(1) Certificate of incapacity of a worker issued by registered medical practitioner in accordance

with Section 22 of the Act should be issued in Form no. 11 and a copy thereof shall be provided
to the worker concerned.

(2) If the worker or the employer is not satisfied with the certificate issued by the registered
medical practitioner, he may submit the case to a specialist medical practitioner not below the
rank of associate professor of any government medical college for a re-examination within 10
(ten) days of the receipt of such certificate.

19. Punishment for misconduct and conviction.-

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(1) If any employer or any officer authorized thereby, in order to verify whether any act or
conduct of a worker is misconduct or not, asks for any kind of explanation according to Section
24 (B) of the Act and if he is satisfied with the rejoinder, the complaint will be considered to be
settled. This matter shall not have any effect upon the subsequent employment of the worker
concerned.

(2) If any employer or any officer authorized thereby, in order to verify whether any act or
conduct of a worker is misconduct or not, asks for any kind of explanation according to Section
24 (B) of the Act and if he is not satisfied with the rejoinder, the employer shall, for the purpose
of following the procedure for punishment, direct the manager or any officer authorized thereby
to submit an investigation report to him within a period of 60 days.

(3) The employer or such officer, based on the purview of such misconduct, shall determine the
number of representatives on the investigation committee. However, it shall not in any way
exceed 06 (six) persons. If the number of representatives of the investigation committee is more
than 02 (two), separate sub-committees regarding investigation may be formed to facilitate
works where necessary. The inquiry committee shall submit their inquiry report to the authority
for decisions as required.

(4) The representative of the employer shall be nominated from that factory/establishment by the
employer or any officer authorized thereby.

(5) The representative of the workers shall, upon a written proposal from the accused worker
nominate his representative from among the workers employed at that factory/establishment.
Provided that, if any complaint is brought against any worker/employee in accordance with
Section 23 (4) (b) and (g), the accused worker/employee, if he intends to, may appoint lawyers as
his representative or if the worker is a member of any trade union and if such trade union is a
member of any federation, he may nominate any representative of such federation as his
representative.

(6) If it is not possible to nominate the representative of the workers as per the procedure
mentioned above, the employer shall nominate a workers’ representative in the investigation
committee from among the workers employed in such factory/establishment in consultation with
the participation committee/trade union/collective bargaining agent of that establishment.

(7) Any lawful activities for realization of the lawful dues of workers without harming any
property shall not mean disorderly behavior under Section 23(4)(g)2of the act.

20. Special provisions relating to fine as punishment of misconduct.-

2
In the main Act it is Section 23(4)(g)

17
The register of the fine in accordance with Section 25 of the Act shall be maintained in Form no.
12 and the areas of outlay/spending of the fine money should be recorded therein. The voucher
or receipt of the money spent should be attached with the register.

21.Certificate of service.-

In case of termination or completion of service in accordance with Section 31 of the Act, a

certificate shall be issued in Form no. 13 within a period of 15 (fifteen) days from the day of
submission of an application made by such worker.

22. Employer-worker relations in case of out of control disaster or damage. – According to

Section 28(A) of the Act, the employer worker relations in case of out of control disaster or
damage shall be as follows –

(1) If the production of any industrial factory/establishment is permanently closed:

(a) If, due to sudden natural disaster or any other disaster which is out of human control or due to
urgent necessity, the production of any industrial establishment is permanently closed, the
employer shall, within a period of 3 (three) days communicate all relevant information in the
prescribed Form no. 10 to the Inspector General or any inspector authorized thereby,

(b) If any factory or establishment is permanently closed for the reasons mentioned above, the
employers shall retrench workers and pay dues as per law. However, if there is possibility to
resume its activity by the factory/establishment then the employer can lay-off his
factory/establishment.

(c) If the factory or establishment is closed permanently, the workers shall be considered to be
working with full wages until time of closure.

(d) If the employer intends to engage the workers of the establishment that has been permanently
closed at a different establishment of similar kind at the same position, sub rule (2) of this rule
shall be applicable to them.

(e) Instead of permanently closing the establishment, the owner, if he intends, may impose a
stoppage in accordance with Section 12 of the Act. In such case, the worker shall be entitled to
the lay-off benefits in accordance with Section 16 of the Act.

(f) If any party raises any objections or any dispute arises as to the payment of dues, the
employer shall pay the dues through consultation with the trade union of the concerned
establishment or through consultation with general workers (if there is no trade union) or in
accordance with Section 124 (A) of the Act.

(g) If there is question in case of justification of relocation or stoppage of production

permanently of a factory due to sudden natural disaster or disaster beyond human control or in
case of an emergency under Section 28(A) of the Act, the decision of the Government shall be
18
considered as final in that regard. A complaint under this sub-section means any application
stating a complain submitted to the Inspector General or the Government by a person concerned.

(2) In case of shifting factory or establishment:

(a) If, due to sudden natural disaster or any other disaster which is out of human control or
necessary relocation of the factory or establishment or due to urgent necessity, any industry is
required to be shifted-

(i) If the worker concerned is not willing to relocate due to relocation of a factory or
establishment to a distance of 40 kilometers from the previous one, then the worker shall get
wage of 30 (thirty) days in case of completion at least one year of employment or shall receive
wage of 15 (fifteen) days in case of employment of less than this term.

(ii) If the worker concerned is not willing to relocate due to relocation of a factory or
establishment to a distance of 40 kilometers from the previous one, then the worker shall get
benefits as per Section 20 of the Act.

(b) If workers join in the relocated place, the continuation and conditions of their services shall
remain unchanged.

(c) If any objection or dispute arises as to the shifting of the factory or payment of dues, the
employer shall pay the dues of the workers in accordance with Section 124 (A) of the Act or in
consultation with the trade union of the concerned establishment.

(d) The employer shall communicate in prescribed Form no. 10, within 07 (seven) days, to the
Inspector General or any inspector authorized thereby, all the information regarding the shifting,
including the address of the shifted factory or establishment and shall apply for amendment of
the address in the license in accordance with the Rule 341 (b).

(3) In case of change of ownership of a factory/establishment:

(a) If the ownership of any factory/establishment is changed, the workers shall be considered to
be employed under the new owner/employer. The service conditions of the workers cannot be
changed due to change in ownership/handover of shares. The new employer, if he intends, may
provide further facilities keeping the service conditions unchanged.

(b) In cases where the new owner is not intending to keep the previous workers employed or
continue the service of the workers, the previous employer shall terminate the employment of the
workers after paying all the dues in accordance with Section 26 of the Act, before handing over
the factory/establishment. If the previous employer has not paid all dues of the workers in
accordance with Section 26, the new employer shall be liable to pay the dues of the workers
working under the previous owner.

19
(c) If the workers intend to get service benefits from the previous owner while working under the
new owner, the new owner may maintain the continuation and similarity of their service after
paying the service benefits they are entitled to. In such case, the previous service benefits cannot
be claimed from the new owner in the event of discontinuation of the subsequent service.

(d) If any objection or dispute arises as to the payment of the dues, the owner shall pay the dues
of the workers in consultation with the trade union of the concerned establishment or in
accordance with Section 124 (A) of the Act.

(e) The new employer shall communicate, within 07 (seven) days, to the Inspector General or
any inspector authorized thereby, all the information regarding the handover of the ownership
and payment of the dues of the workers and shall apply for amendment of the ownership of the
license in accordance with Rule 341 (b).

23. Procedure of making complaint.-

Any service complaint in accordance with Section 33 (3) of the Act shall be made to the Labour
Court in Form no. 14. The Labour Court, if it considers reasonable, may receive written
complaints without following the form.

CHAPTER III

EMPLOYMENT OF ADOLESCENT WORKER

24. Certificate of age and fitness.-

(1) If there is no birth registration certificate or school certificate to prove whether a person is a
child or an adolescent and a certificate of fitness is required, any registered medical practitioner
shall provide the certificate of age and fitness in Form no. 15. The medical practitioner and
employer shall maintain the register with a description of such examination in Form no. 15 (A).

(2) While preparing the certificate of age and fitness the necessary descriptions shall be provided
in the certificate and its counterpart and the left thumb impression of the concerned worker shall
be imprinted on both sides of the certificate.

(3) If he gets employed as a worker in accordance with the information mentioned in the
certificate, a copy of such certificate shall be recorded in the personal file of the worker.

25. Notice regarding the working hour of adolescent.-

(1) The notice regarding working hour of adolescents shall be approved by the inspector in Form
no. 16. After the approval of such notice by the inspector, necessary measures shall be taken to
exhibit the approved copy in a visible place for the information of the workers.

20
(2) The approved notice shall be maintained and shall remain prepared in the establishment for
the examination by the inspector.

26. Engaging adolescents in work involving hazardous equipment.-

No children/adolescents shall be engaged in hazardous work in the industries enlisted by the

government through notification, from time to time, in accordance with Section 39 of the Act.
And according to Section 79 of the Act no children/adolescents shall be engaged in hazardous
operations as mentioned in Rule 54.

CHAPTER IV
MATERNITY BENEFIT

27. Responsibilities of the employers and others workers to the pregnant female workers.-

Responsibilities to a pregnant female worker by the employers and other workers shall be as
following: No employer or co-worker shall do any conduct or comment towards a pregnant
female worker which degrade her physically or mentally or so that she felt insulted:

(1) No pregnant worker shall be employed in a job which is declared hazardous by the
Government or which exposes risk to her health;
(2) she shall be relocated or deputed to risk-free job;
(3) The pregnant female workers employed in a multi-storied factories or establishments
shall get priority in using elevators.
(4) Brest feeding facilities by a female worker during post-natal period shall be ensured.

28. Illustration of “any leave which is due to her”.-

“Any leave which is due to her” as per Section 46 (2) shall mean any earned leave or sick leave
of the concerned worker. In case of coordination of sick leave, the certificate of pregnancy shall
be considered as medical certificate.

21
To specify that, if further leave is required after the coordination of the leave mentioned above,
the employer of the establishment may grant leave without pay to the concerned worker.

29. Notice of pregnancy.-

(1) Notice before delivery in accordance with Section 47 (1) of the Act shall be in Form no. 18
and the notice after the delivery in accordance with Section 47 (2) of the Act shall be in Form
no. 18 (A).

(2) In case post-delivery maternity benefits are provided in accordance with Section 47 (4) of the
Act, if a pregnant woman is not able to come in person to receive that, it shall be provided to any
person authorized in writing thereby.

(3) In case of oral notice by the worker, the form mentioned above shall be filled in by the leave
granting officer of the concerned establishment and the signature/finger impression of the
concerned worker shall be collected thereon.

(4) The information of the workers receiving maternity benefits shall be recorded in Form no.
19.

(5) As prescribed under Section 45(3) of the Act, the fitness certificate by a pregnant worker
shall be submitted in Form No. 17.

(6) The annual return with information of the workers receiving maternity benefits shall be
submitted within 31st January of the following year.

22
 CHAPTER V
ARRANGEMENTS FOR THE PROTECTION OF HEALTH

30. Cleanliness. –

(1) Removal of dirt and refuse: “Suitable manner of removal of dirt and refuse” in Section 51
(a) of the Act shall mean removal of dirt in covered box, so that stench and germs do not spread
from such dirt. Metal substances, garbage with strong smell, chemical waste and medical wastes
should be removed in separate boxes.

(2)Washing: “Washing” in Section 51 (b) of the Act shall mean washing with water or removal
of germs with chemical things/liquid/solution of every workroom depending on the situation and
nature of work done in those rooms. Depending on the situation, it shall also mean wiping with
wet clothes. However, disinfectant shall be used in every case, if it is deemed to be necessary.

(3)Drainage of water: According to Section 51 (c) of the Act, where any floor becomes wet in
the course of any manufacturing process, such floor must be constructed with impervious
material. The construction plan of such floor should be sloping and it should have effective
means of drainage that connects with the main sewerage, so that drained water or other liquid
substances do not get blocked on the floor.

23
(4)Whitewash, painting: If all the inside walls, partition, ceiling, passage, both side of the
staircase shall be painted or varnished and if the surface is smooth and impenetrable, it shall be
cleaned with water, brush and detergent at least once in every 12 (twelve months), in accordance
with Section 51 (d) of the Act.

(5) After accomplishing the necessary proceedings in accordance with Section 51 (e) of the Act,
the date shall be recorded in the register in Form no. 20.

31. Ventilation and temperature. –

(1) According to Section 52 (2) of the Act, the temperature of every workroom of every
establishment shall be limited to a tolerable limit and there shall be arrangement for enough
number of opposite facing windows in every workroom of every establishment for ventilation.
Exhaust fan should be installed where ventilation is not possible. However, the ventilation
arrangements mentioned above shall not be necessary if there is arrangement of air-conditioned
(dry and weight) in the workplace.

(2) According to Section 52 (2) of the Act, there should be at least one thermometer in every
work room in working condition, proper standards and it should be installed at a visible place on
the wall of the workroom. The accuracy of the thermometer should be attested by inspector.

(3) In case of thread and netting factory, the provision prescribed in Rule 34 should be followed.

32. Dust and fumes. –

(1) For the purpose of implementation of Section 53 (1) of the Act, there should be effective
exhaust appliances including ‘dust sucker/ vacuum cleaner machine’ in every workroom or every
establishment and it should be installed in such a way so that the dust and fumes cannot spread in
the workroom in any way. In addition, every person working in these establishments should wear
masks.

(2) The Inspector General may determine the highest standard of exhaustion in workroom.

33. Disposal of waste and effluents. –

(1) The arrangement for disposal of all waste and liquids in accordance with Section 54 of the
Act should be in compliance with the existing legal provisions and direction regarding
environment and health. The permit from the concerned environment and health authority should
be submitted to the inspector. The inspector, considering the health concerns of the workers, if he
thinks necessary, may direct that additional measures be taken for disposal of waste.

(2) Construction and preservation of drainage system: All drainage carrying liquid waste and
water should be made with impenetrable, strong and sustainable materials. It should have
appropriate cover and the water flow there in should be maintained. And such waste should be
removed in a pollution free manner/after purification.
24
(3) Upon being satisfied on the subject mentioned above, the inspector shall issue an approval
regarding the measures taken on the removal of waste in such factory.

34. Temperature and artificial humidification of thread and netting factory. – According to
Sections 52 and 55 of the Act temperature and artificial humidification shall be controlled in
following ways.

(1)Artificial humidification: The work of the factory should be started, after ensuring
appropriate arrangements of the followings – –

(a) Determining the standard of humidity;

(b) Controlling the level of artificially increasing humidity of the air;

(c) Providing directions for correctly measuring and recording the humidity of the air; and

(d) Determining appropriate measure for ventilation and air cooling in the workrooms.

(2) Artificial humidification in thread factory: in any room of thread cutting/netting factory,
artificial humidification cannot be done-

(a) With water vapor when the dry bulb temperature of such room exceeds 29.5°C;

(b) When the wet bulb reading in the hygrometer is greater than the reading of the dry bulb
mentioned in the following schedule, or until the interim reading of two subsequent dry bulbs
shown in the following schedule exceeds the reading of the wet bulb related to the reading of
such dry bulb:

Provided that, paragraph (b) shall not be applicable where the difference between the
temperature of the wet bulb of the hygrometer kept inside the room and the temperature of the
wet bulb hygrometer kept outside of the room and is less than 2.0°C.

Dry Bulb Wet bulb Dry Bulb Wet Bulb Dry Bulb Wet Bulb

1 2 3 4 5 6

15.56 14.44 25.00 23.89 34.44 30.00

16.11 15.00 25.56 24.44 35.00 30.56

16.67 15.56 26.11 25.00 35.56 30.56

17.22 16.11 26.67 25.56 36.11 31.11

17.78 16.67 27.22 26.11 36.67 31.39

25
18.33 17.22 27.78 26.67 37.22 31.67

18.89 17.78 28.33 26.94 37.78 31.94

19.44 18.33 28.89 27.22 38.33 31.22

20.00 18.89 29.44 27.78 38.89 32.22

20.56 19.44 30.00 28.00 39.44 32.50

21.11 20.00 34.56 28.63 40.00 32.50

21.66 20.56 31.11 28.61 40.56 32.78

22.22 21.11 31.67 28.89 41.11 32.78

22.78 21.66 32.22 29.17 41.67 33.05

23.33 22.22 32.78 29.44 42.22 33.05

23.89 22.78 33.33 29.72 42.78 33.33

24.44 23.33 33.89 30.00 43.33 33.33

(3) Hygrometer:

(a) In all divisions of thread cutting and netting factories where artificial humidification process
has been adopted, hygrometer should be installed and maintained at a place approved by the
inspector in every division.

(b) The number of hygrometers should be controlled according to the following ratio;

(1) Winding division: one hygrometer for a division with less than 250 looms and one
additional hygrometer for subsequent 250 looms or part of it;

(2) Other divisions: one hygrometer for every room with an area of 18,000 m² and one
additional hygrometer for every additional 14,000 m²;

(3) In the cotton spinning and weaving factories where artificial humidification process has
been installed, one hygrometer should be installed outside the production room as well.

(c) One copy of the schedule attached with Rule 34 (2) (b) should be hung near each hygrometer.

(4) Exemption from maintaining hygrometer:

26
If the inspector general is satisfied that, the humidity level has never exceeded the humidity level
approved in the schedule of Rule 34 (2) (b), he may exempt any division of any factory from the
provision of maintaining hygrometer.

(5) Recording the temperature of each hygrometer:

(a) During the operation of each hygrometer maintained in accordance with Rule 31 (3), the
correct temperature of the wet bulb and the dry bulb should be recorded 3 (three) times a day.
Persons nominated by the manager shall record its information. The temperature should be
recorded between 7 AM to 9 AM, 11 AM to 2 PM (except the working break) and 4 PM to 5.30
PM. In special circumstances, special arrangements should be made to record temperature
through the process prescribed by the inspector in such factories.

(b) In every factory, one humidity register should be maintained in Form no. 21 and the
temperature should be recorded therein. At the end of every month the temperature collector will
sign therein. The register should always be ready to be shown to the inspector.

(6) Description of hygrometer:

(a) Every hygrometer shall be formed with two round thermometers incorporated with wet bulb
and dry bulb of similar size and made in a similar process. It will be placed on a base and there
shall be a reservoir (water holder) attached therewith;

(b) The wet bulb shall be covered with one layer of muslin cloth and it should be kept wet by
dipping it in the reservoir (water holder) and with the help of the attached ‘wick’;

(c) No part of the wet bulb shall be within a distance of 7.60 cm of the dry bulb and less than
2.50 cm of the water surface of the water holder. The water holder shall be under it and it shall
be in the opposite side of the dry bulb;

(d) The bulb will be of round shape and appropriate size and it shall be exposed to the room air
from every side;

(e) The holes in the thermometer stick shall be made in such a way, so that it can be perceived
from a distance of at least 60 cm;

(f) Every thermometer shall have lines drawn there in so that temperature from 10 to 50°C can be
measured properly;

(g) The accuracy of every thermometer should be attested by the inspector and one copy thereof
should be attached with the humidity register.

(7) Installation of hygrometer:

27
(a) The hygrometer cannot be installed on any wall, pillar or anything else unless 1.25 cm wood
or any other non-conductor has been placed under it.

(b) No hygrometer can be installed at the height of more than 1.5 m from the floor and cannot be
in the direct airflow from fan, window or ventilator.

(8) Recording the indicators of hygrometer: The indicator of a hygrometer cannot be recorded
within 15 (fifteen) minutes of changing water in the water holder.

(9) Air blowing for humidification: The steam pipe used for entering water vapour for the
purpose of artificial humidification in any room will be subject to the following conditions:

(a) The diameter of the pipe shall not be more than 2.54 cm;

(b) The pipes shall be reasonably short in size;

(c) The holders of the pipe shall be separated from the ‘bear pipe’ with an appropriate
insulator, the thickness of which is not less than 2 inches;

(d) The air pressure of the pipe should be as minimum as possible and it shall not be 70 pound
in part square inch; and

(e) In order to minimize the heat radiated from the pipe in the workplace, the water carrying
pipe should be covered with non-conductor material approved by the inspector.

35. Arrangement for light. –

(a) The arrangement of light in the place where the workers work or further appointed in
accordance with Section 57 of the Act shall be at a the height of at least 1.0 meter and it
should be at least 350 Lux.

(b) When it appears to the Inspector General that, the provision mentioned above is not
required for any particular establishment, he may exempt that establishment from such
practice or may determine the standard of arrangement for light required for the production
process of the workplace.

36. Potable water. –

(a) Potable water:

28
(1) There should be an arrangement for supply of pure water for drinking by workers in every
establishment at an accessible and convenient place and that should be maintained in a hygienic
way in accordance with Section 58 of the Act.

(2) The place where potable water is preserved should be at a distance of at least 6 meters from
the washroom, bathroom or toilet of any establishment.

(3) The water supplied in accordance with Sub Rule (1) should be preserved in a germ free
appropriate container. Container keeps in clean and germfree and water should be changed at
least once in a day. Practical measures shall be taken to keep the water and the container free
from all kinds of contagious germs. However, no need to change water every day if waters are
supplied through the modern purifying systems.

(4) The place where potable water for the workers is supplied should be kept neat and clean and
it should be connected with a drain.

(5) The owner, at least once in a year, or upon being directed by the inspector, shall collect and
maintain a written certificate from the public health and engineering department of the
government or any other government establishment or any agency approved by the government
whether the supplied groundwater or water supplied in any other manner or the water of tube
wells, is free of arsenic, germs and whether it is appropriate for drinking.

(b) Keeping the water cool: In every room of any establishment where generally more than 250
workers are employed, the employer shall, from 1st April to 30th September, provide one water
cooler or any other arrangement to keep the water, supplied in the canteen, dining hall or
restroom, cold.

(c) Re-hydration therapy: If any machine used in an establishment creates heat exceeding the
heat limit prescribed in Rule 31, oral saline or sherbet/beverage (solar and water)should be
provided for every worker in accordance with Section 58 (4) of the Act. The amount of mixed
sugar juice/sherbetshould be minimum at 2 liters per day for each worker.

37. Toilet and washrooms. –

(1) Number of toilets:

(1) Arrangement for the following number of toilets should be made in accordance with Section
59 of the Act –

(i) In case of female workers, 1 (one) toilet for every 25 female workers up to 100 workers
and 1 (one) toilet for every subsequent 50 workers.

(ii) In case of male workers, 1 (one) toilet for every 40 male workers till 100 workers and 1
(one) toilet for every subsequent 60 workers.

29
Illustration: While calculating the necessary number of toilets in accordance with this rule, as
the case may be, the number of workers less than 25, 40 and 60 shall be considered as 25, 40 and
60 respectively.

(b) Washrooms: There should be arrangements for one wash room for at least 100 (one
hundred) male workers.

(c) The arrangement for toilets or washrooms should be mentioned clearly in the layout plan of
the factory/establishment while receiving approval thereof from the Inspector General. If the
toilet and washroom is situated outside of the factory/establishment building, it should be
approved separately.

(2) Position of toilets and washrooms:

The following provisions shall be applicable for toilet and washrooms:

(a) The toilet and washrooms should be constructed in that place inside the establishment/factory
where the workers can go conveniently and from where bad odor does not enter the workroom.

(b) There shall be arrangement for necessary light and ventilation into toilet and washrooms.

(c) Arrangements for separate toilets for male and female workers should be made where both
male and female workers are employed and there should be a clear sign or signboard in Bengali
language on the door indicating toilet for male or female workers. The toilet for the female
workers should be constructed in such a place which cannot be seen from the workplace of the
male workers or which is not in their way and if the toilet for male workers and female workers
are adjacent, there shall be separate ways to enter the toilet.

(d) A covered waste box/dust bin should be kept and maintained in every toilet constructed for
female workers.

(3) Regular neat and clean of the toilets and washrooms: The toilet and washrooms should be
clean/wash with water and germless in every day. The walls and ceiling of every toilet and
washroom should be whitewashed and painted once every one year. The date of such whitewash
should be recorded in the register prescribed in Form no. 20. If any part of the toilet or
washroom has been smoothened with bright tiles or in any other manner, in that case should be
cleaned regularly once in every day with detergent and germicides.

38. Dustbin and spittoons. –

(1) At least one separate dustbin and spittoon should be maintained for every 100 workers in
every establishment in accordance with Section 60 of the Act. The spittoons should be filled with
liquid germicides or sand. If it is filled with sand, there should be bleaching powder on the sand.
The spittoons should be emptied and cleaned with germicides at least once in every seven days
and the upper layer of the sand should be removed once in a day. The dustbins should be made of
30
plastic and should have a cover. The waste filled in the dustbin should be removed every day and
in both cases it should be cleaned with germicides.

(2) Such spittoons and dustbins should be kept near the door of the workroom. However, they
should be kept in such a manner that they do not spread bad odor and the waste cannot be seen.

(3) No person shall throw any dirt or spit within the premises of an establishment except in such
dustbins and spittoons. A notice containing this provision and the fact that contravention thereof
is a punishable offence shall be posted at different suitable places of every establishment so that
it may easily come to the notice of all.

CHAPTER VI
SAFETY

39. Safety of building, machinery and other infrastructure. –

(1) While implementing Section 61 (1) of the Act, the inspector shall consider whether any wall,
chimney, bridge, canal, road, gallery, staircase, ramp, floor, platform, stage, rail or way or any
other infrastructure for electric or mechanical vehicles, be it of permanent or temporary in nature,
in addition to the building, road, machinery or plant mentioned in such section are dangerous for
life and security of people.

Provided that in the case of the factory or establishment established or constructed or started
before the commencement of these Rules, the stability, load capacity and whether the relevant
provisions of other existing laws of the country were followed during the construction of
31
infrastructure or installation of machinery shall be certified by a recognized civil engineer or
civil engineering firm, and the owner can be directed for submission and inspection of such
certificate to the Inspector and it may be scrutinized.

(2) If any factory building is intended to be constructed or any factory intended to be established
in a building after the commencement of these Rules, a certificate needs to be received from the
construction establishment certifying that it has been constructed in compliance with the
Bangladesh Building Code or applicable sector in last declared principles by Government.

(3) If any employer or authority fails to take specific measures prescribed by the inspector within
a specific time limit in accordance with Section 61 (2) of the Act, it shall be considered as a
continuing crime, meaning that it will be considered as a crime committed every day.

40. Precautions as to fire. – (1) There should be at least 2 (two) exits where there are more than
25 (twenty five) persons work in every room of the building of the establishment and these will
be situated in such a manner that every person can reach the exit from his workplace without any
obstacle and with ease. Such exits shall not be more than 50 meters away from the workstation of
any worker.

(2) Such exit cannot be less than 1.15 meter in width and 2.0 meter in height.

(3)In cases where, at any point of time, 20 or more worker works in any part of the building
which is on the ground floor or where any flammable or explosive substances are used or stored,
the building of the establishment or a part of it is situated underground, in such cases emergency
moment, at least 2 (two) strong and separate staircases permanently constructed inside or outside
the building should be included among the arrangement for exit. And these will be made of fire
resistant and nonmetallic materials. These shall also include made with fire prevention
measures/equipment, direct and obstacle less passage.

(4) Strong handrails should be attached with every staircase used for exit in case of fire. Such
staircase and rails thereof should be made of thermal insulator, fire resistant and nonmetallic
materials and the stairs should not be smooth. If such staircase is constructed after the
commencement of these Rules, it should have handrail attached on both sides thereof.

Provided that, if the staircases constructed before commencement of theseRulesdo not have such
handrails on both sides, it should be attached within the following six months.However, this
condition should not be applicable, if the construction for reeling staircase is wide less than 1.15.

(5) No staircase can be constructed at an angular distance of more than 45° from the base;

(6) No staircase of a six storied building shall have the width less than 1.5 m. The staircase of a
building with more than 6 (six) floors shall have a width of 2.00 m.In case of a multi-storied
factory building, in regard to building without sprinklers and with sprinklers, the provisions of
the Bangladesh Building Code will be applied. However, in case of all factory buildings which

32
were constructed before notification of this Rules no staircase can be less than 1.15 miter wide in
consideration of putting the highest priority to the safety of workers.

However, due to old structures of buildings if there is no scope to widen the staircases in that
case the staircases shall not be less than 32 inches in wide.

(7) 2 (two) exits or staircases shall not be more than 50 meter of distance and shall not be
adjutant to each other. The end of at least half of the staircases should be introspective.

(8) There should be arrangement for adequate ventilation and light so that the staircase is not
filled with fumes/smoke. The door in the top room shall not be closed or locked during working
hours.

(9) Minimum 1 (one) grilles window on each floor should have sliding option so that in case of
emergency anyone can open it to come down through a ladder/rope ladder. On the ground floor
there shall be a strong net so that in case of fire one can come down with a rope ladder to that
net.

(10) If any employer or the management fails to take specified measures within the specified
timeframe as directed by the Inspector under Section 62 of the Act, which shall be considered as
a continuous crime meaning done each day.

41. Fire extinguishing equipment and water supply. – (1) In every floor of every
establishment there should be a container with a capacity of 200 liter water and 4 (four) metallic
red buckets with a capacity of 10 liter should be kept their and maintained for every 1000square
meter area, however, if the establishment is protected with fire hydrant or sprinkler, then, the
above-mentioned provision will not be applicable and each bucket shall be-

(a) Of appropriate standard in accordance with the Bangladesh Standard Specifications;

(b) Kept in a place approved by the inspector and shall not be used for any other work except fire
extinguishing. The word usable for fire extinguishing should be written on it.

(c) The buckets should be filled with sand, except for the places where there is a risk of fire from
only flammable liquids or other substances and where water is not usable.

(d) For every 850 square meter of every building there shall be one hose kept in a place approved
by the Inspector and it shall have a non-interrupted water supply and should be examine
minimum once in every year;

Provided that, upon being satisfied of alternative arrangements for fire extinguishing, the
Inspector General may, upon recording it in writing, make provision of this paragraph flexible
for any establishment.

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(2) Any establishment with a floor covering an area of more than 90 m² and where fire can start
from any other material than flammable liquids, electronic appliances and flammable metal, 1
(one) dry chemical powder fire extinguisher or any similar portable fire extinguishing equipment
shall be kept and maintained for every 90 m² area, in addition to the buckets prescribed in Sub
Rule (1).

(3) In case of establishments where fire can start from flammable liquids or gloze or paint, fire
extinguisher prescribed in Sub Rule (2) should be maintained and these should be of foam type,
dry chemical powder, (ABC type), carbon dioxide or fire extinguisher of similar nature.

(4) In cases of establishments where there is a risk of fire starting from electronic appliances, fire
extinguisher appliances prescribed in Sub Rule (2) should be maintained and they should contain
carbon dioxide, dry chemical powder or similar materials.

(5) In cases of establishments where there is a risk of fire starting from magnesium, aluminum or
zinc powder or zinc slice or any other combustible metal, carbon dioxide or foam type fire
extinguishers are prohibited. Dry chemical powder (D type), adequate clean dry sand, stone
powder and other incombustible substances should be preserved there as fire extinguisher.

(6) Every portable fire extinguisher appliance should be kept in place approved by the inspector:

Provided that, where the Inspector General opines that, automatic fire extinguishing equipment
has been set up in a building or a room of an establishment, in a process recognized and
approved by the Department of Fire Service and Civil Defence, and the condition of this sub rule
may be made flexible there, he may provide a certificate in writing mentioning the conditions
made flexible for such building or room.

(7) Every fire extinguishing equipment prescribed in Sub Rule (2) shall be-

a) The fire extinguisher shall be placed in such a place so that it is visible by all.
b) The fire extinguisher shall be placed in such an accessible place by all so that it can be
used immediately in case of necessity.
c) Generally, the fire extinguishers shall be placed at exits or near the stear landings of each
floors as much as possible, however, it has to be aware that it does not create obstructions
against the emergency exits.
d) The wall-mounted fire extinguishers shall be placed on the supporting walls or cabinet
made of wood, metal, plastic, however, it shall be noticed that the bottom of
extinguishers are more than 1,000 millimeter from the ground levels.
e) It is logical to place fire extinguishers at one place in each floor.
f) Portable fire extinguishers shall be placed at fire-prone areas in the building like the
kitchen, crowded area, storehouse, electric circuits, and places with flammable items.
g) Evacuation plans shall be displayed in one or more locations which is easily visible at
each floors of the building.

34
(8) In every establishment adequate amount of spare charge for fire extinguisher of every type
should be preserved. Maximum spare charge should always be preserved and ready to be used
whenever it is necessary.

(9) As far as possible, every worker, at least 80% workers of every division of the establishment
should be provided with training on fire extinguishing, rescue and first aid and the use of
portable fire extinguishing equipment. Security should be ensured by formation of fire
extinguisher teams, rescue teams and first aid teams (6% member of every team) from among the
trained workers. This should be recorded in Form no. 22.

(10) Uniforms for the fire extinguisher, rescue and first aid teams shall be as follows:

(a) Fire extinguisher team – yellow coloured aprons with the word ‘fire’ written on it in red
letters.

(b) Rescue team – yellow coloured apron with the word ‘rescuer’ written on it in red letters.

(c) First aid team – white coloured apron with the word ‘first aid’ written on it in red letters.

The members of the team mentioned above must wear the prescribed uniform.

(11) In every establishment/factory where at least 500 workers are employed should have their
own trained officer whose responsibility will be to preserve and kept prepared and maintain all
fire extinguishing equipment and providing refresher training to the three teams mentioned above
every 6 (six) months.

(12) The manager of the establishment shall prepare a detailed ‘Fire Extinguishing Plan’ for the
purpose of taking measures through an appropriate process and proper implementation of fire
extinguishing rules.

(13) A mock firefighting and emergency exit drill should be organized every six months in
accordance with Section 62 (8) of the Act and the record book shall be maintained in Form no.
22 (A).

(14) In every establishment there shall be an arrangement for a water reservoir with a capacity of
5000 liters for the purpose of fire extinguishing and it shall always be filled with water and
connected with hose reel. Such reservoir should not create any pressure or risk on the
infrastructure of the building.

Provided that, if there is more than one establishment in a single building the owners of the
establishment and the owner of the building may construct such water reservoir in the process
mentioned above.

(15) The owners of some factories or establishments situated in side-by-side buildings in the
same area, for the purpose of fire extinguishing, maycollectively make arrangements for a water

35
reservoir with a mechanical deep tube well or electrical pump by connecting every
factory/establishment with a pipe. The plan and design for such deep tube well or water reservoir
requires to be approved by the Inspector General or any inspector authorized thereby. However,
in this case, the Inspector General or the inspector authorized thereby may allow exemption from
Sub Rule 14.

(16) In implementing provisions of this Rules if so required to oblige with the Rules under the
Fire Prevention and Extinguishing Act, 2003 that shall have to be done.

42. Security related precautions.– If the inspector serves any written direction for taking
additional precautionary arrangements not violating any provision of Section 63 (1) regarding
fencing the machineries, such direction shall be applicable to the machineries mentioned above.

43. Work on or near machineries in motion. – (1) A list of workers engaged in operation,
examination or repairing of any machinery for the purposes of Section 64 (1) of the Act should
be maintained in Form no. 23.

(2) No person can be appointed for such work unless he has adequate training regarding
examination and operation of machinery in motion and practical knowledge on the risk and
dangers associated with similar work on machinery in motion.

(3) The particular worker selected for such work in accordance with Section 64 (1) of the Act
should be provided with risk allowance and necessary tight-fitting clothes and personal safety
appliances by the employer. The dress should contain at least a pair of tight-fitting cotton pants
and tight-fitting sleeveless shirt. The worker should return such old dress when he is provided
with a new dress or at the termination of employment of such worker.

44. Precaution related to dangers of electricity. – (1) Lines of electric supply and all electronic
appliances, in every establishment, should be of appropriate size and adequate capacity. They
should be assembled, maintained and made effective in such a way so that they do not become a
cause of physical risk for any person. The certificate of adequacy of electric wiring should be
received from a person or institution approved by the government before starting the production
of a factory/establishment or business/service.

(2) In every establishment, where there is any kind of electric supply and use of electronic
appliances, an automatic mechanism should be installed so that the electronic appliances stop
functioning automatically in the event of any kind of accident relating to electricity or fire. The
Inspector may, after being assured about the installation of such mechanical system, consider
such mechanical system while considering the adequacy of maintenance system regarding
electric appliances and other matters.

(3) Every portable hand light should have a handle covered with nonconductor material and the
bulb must be set in a cage isolated from the metal part of the lamp holder.

36
(4) The practically portable appliances should be maintained carefully and interim connection of
the supply line should be designed appropriately and be connected with a socket and three pin
plug and switch, in order to prevent wrong insertion.

(5) All electric wiring and switchboards should be made by ‘concealed wiring’ with
nonconductor material.

(6) In order to ensure safe electric system, a certificate with the result of examination of overall
earthing and wiring system of the factory/establishment, conducted by an appropriate licensed
wiring inspector (electrical engineer) or institution once every 12 months or before the date of
expiry of the issued certificate, should be maintained.

(7) No electric wiring and maintenance may be used for such work unless getting a certificate
from an institution approved by the government.

(8) The Inspector General should be informed about the type of electronic appliances, plans and
electrical wiring in the part of the factory where combustible and explosive mixtures are used or
preserved.

45. Installation of machinery and keeping space for movement. – In case of installation of
any machinery in any place in the establishment, the distance of the machinery from the wall
should be at least 1 (one) meter. There should be a passage, with a width of at least 1 (one)
meter, for movement beside the installed machinery or machineries. However, for currently
running establishments if there is no adequate space the distance from the wall of an equipment
and walkways shall be of at least 0.75 miter.

46. Crane, hoists, lift, pulley and other lifting machineries. –The following arrangements
should be adopted while following Section 68 and Section 69 of the Act:

(1) In any establishment, any lifting machinery and any pulley with any chain, rope or lifting
rope, other than the rope of thin threads or knot of thread rope, cannot be installed to be used for
the first time until they are examined or all the parts of the machinery have been scrutinized by a
person declared qualified in Form no. 30and a certificate of carrying capacity and operation
capacity, with the result of such examination, should be obtained from such examiner and it
should be preserved for inspection.

(2) All jib cranes should be constructed in such a way so that the safe carrying capacity can be
regulated/altered by the regulator part. Automatic indicator should be attached with the jib in
order to indicate the carrying capacity appropriate for the bowing of the jib and the diameter of
the load.

(3) Any chart which is showing safe loading efficiency of all types and all kinds of used lifting
machinery, chain, rope or lifting rope-cord pulley; that chart cannot be reused for showing the
lifting efficiency of multiple hanging trundles of lifting chain from its different angles in

37
warehouses or chain, rope or pulley. But the provisions of this sub-section will not be in force if
the safe loading efficiency of lifting rope-cord pulley or lifting efficiency of the multiple hanging
trundles of lifting chain is clearly written on their body.

(4) The following descriptions should be maintained in Form no. 24 in every examination report
in accordance with Sections 68 (a) (3) and 69 (1) (c) of the Act:

(a) Name and address of the establishment;

(b) Name of the employer;

(c) Identity number, sign and description of lifting machinery, chain, rope or lifting chain and
pulley;

(d) The date on which the lifting machinery, chain, rope or lifting pulley was used for the first
time in that establishment;

(e) Number and date of certificate issued after examination and scrutiny in accordance with Sub
Rule (1) and name and address of the person who issued such certificate;

(f) The date in matter of collective examination for duration and the person by whom such
examination was conducted;

(g) The date on which such hoist or various appliances of a lifts, chain, rope or any other part has
been prepared by pine or heat and the name and address of the person who has done that;

(h) If during the examination, anything is found that is averse to safe lifting of weights, the
description thereof or if any pine or any other arrangements were made to repair that defect, the
description thereof.

(5) All chains and lifting rope or pulley except the rope for hanging, if not necessary according to
the approval of Inspector General, should be pinned, upon completion of determined period,
under supervision of a person declared competent in Form no. 30:

(a) At least once in every six months for all chains, hanging chains, rings, hooks, padlocks
if they are made of molten metal or molten slag or of bars smaller than half inch-

(b) At least once in a month for any other generally used chains, hooks, folks, hash bolts
and cleats.

Provided that, the chain and lifting rope-cord pulley that is not used very often, should be pinned,
subject to approval of Inspector General, only when it is necessary and if it is pinned in such
manner this should be written in the register as prescribed in Sub Rule (4).

(6) The provisions of Sub Rule (5) shall not be applicable for the following kind of, lifting ropes,
cords or pulleys:

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 (a) Chains made by flexible welding of iron;

(b) Plate connected chain;

(c) Chains, rings, hooks, padlocks, cleats made of steel or any metal other than iron;

(d) Connected chains working on sprockets;

(e) Hooks, cleats and padlocks permanently joined with connected chains, pulley systems, or
weighing machines;

(f) Hooks with thread like parts, padlocks ball-bearing or any hard box;

(g) Sockets chain connected with covered rope of wire made of white metal mixed with
metal alloy;

(h) Bordeaux connection;

(i) Chains and lifting rope-cord or pulley that have undergone a heating process called
“normalizing” instead of pining, such chain or lifting rope-cord pulley should be examined
by a competent person at least once every 12 months.

(7) If the length of any lifting equipments, chains, ropes or pulleys except the fiber ropes used for
hanging or fiber rope is increased or changed or repaired through welding or any other process, it
should be adequately re-examined by a competent person before being used again and a
certificate thereof shall be issued for such examination or scrutiny.

(8) The rails on which moving cranes are operated and the rails on which transporting vehicles
move or the runaways should be of appropriate size and adequate capacity and the moving
surface of these should be plain and every such rail line should be installed properly, it should
have enough load carrying capacity and it should be maintained properly.

(9) In case of operation of magnetic crane, in order to maintain uninterrupted electricity supply,
there should be arrangements for instant electric supply through battery or generator in case of
disruption in the main electricity supply.

(10) No person below the age of 18 years can be appointed for giving signal, for any moving
machinery, to the operator thereof.

(11) The upper side of a moving crane should have safe steps and there should be a ladder
connecting the cab and the bridge of the crane.

(12) If there is no safe support/mounting attached for changing or repairing the wheels at the end
of the passage or platform of the bridge on the upper side of the moving crane, a safe platform
should be made at the end of both sides for that purpose.

39
(13) There should be arrangement for automatic closure if the lift carries weight exceeding its
capacity.

For the purpose of this Rule, competent authority means any person of the rank of workshop
supervisor of mechanical department of any engineering university. Besides this, any person or
institution may be declared as competent in Form no. 30.

Provided that, the Inspector General, subject to written conditions, may provide an exemption
regarding the upper side of a particular moving crane of any factory.

47. Revolving machinery. –There shall be arrangement for automatic disruption of electricity
for the purpose of controlling the additional speed of revolving machinery in accordance with
Section 70 (3) of the Act.

48. Pressure plan. – (1) If any plant or machinery, except working cylinder or main operation
machinery, is operated at a pressure above the atmospheric pressure-

(a) It should be well constructed, without defects, with effective materials of appropriate
capacity;

(b) It should be properly maintained in safe conditions;

(c) It should be fitted with the following appliances:

(i) A safety bulb or any such similar effective measure to ensure that it does not exceed
the maximum working pressure;

(ii) Appropriate pressure gauge or meter which is easily visible;

(iii) Appropriate stop bulb;

(iv) Appropriate drain cork or valve for outflow of accumulated liquids.

Provided that, if the safety bulb, pressure gauge and stop bulb is around the pipeline near the
vessel, it should be in accordance with paragraph (c) and if one or more than one vessel in any
plant is operated with the same pressure load, one set of mounting should be attached thereto,
however these cannot be separated from each other;

(d) It should be examined by a competent person in the following manner:

(i) External part: once every six months, in order to be assured about the general
condition and the effectiveness of the fitting of the vessel;

(ii) Internal part: once every 12 months, the internal wall and the external wall of the
vessel, the effectiveness of the appliances of sims and time vessel and the defects of
sales of erosion should be examined. If the internal part of the vessel cannot be

40
 examined due to infrastructural reasons, a hydraulic test should be conducted once every
two years. This timeframe may be extended to four years;

(iii) Hydraulic test with a gap of a period not exceeding four years.

Provided that, in case the pressure vessel has thin walls like sizing cylinders made of
brass or any other non-iron metal, the hydraulic test should be conducted subject to the
provision prescribed in Sub Rule (ii).

(2) In case pressure vessel with thin walls like sizing cylinders made of brass or any other non-
iron metal, the safe working pressure should be reduced by 5% every year from the main
working pressure after five years and such cylinder cannot be used, under any circumstances, for
more than 20 years.

(3) If no information is found regarding the date of construction, the density of the wall and safe
working pressure, any competent person may, in consultation with the Inspector General,
determine the age of such cylinder with any information received from the manager of the
factory.

(4) Every new and old cylinder with thin wall that has been repaired or can cause disruption in
security should be examined before use.

(5) Except any part of the prime mover operated with a pressure greater than the atmospheric
pressure and the maximum approved working pressure of the source of supply for every vessel
that has been constructed in such manner, the safety of which has not been ensured, or the
minimum pressure should be collected from such pipes which is connected with reducing bulb
related to other automatic appliance.

(6) If any suspicion regarding the safety of any vessel arises during examination, until the
beginning of any subsequent examination prescribed in the rules, any competent person may
permit the continuation of operation in Form no. 25, after providing reports on reducing the
pressure or examining it, from time to time, or adopting both processors.

(7) No vessel, which has been prepared or reassembled, can be used before through examination
conducted by a competent person.

(8) The person who conducts such examination should record the result of such examination in
Form no. 25 (A) and sign thereon. And that should be maintained to be shown to the inspector.

(9) No vessel, which was used elsewhere, can be used in another establishment before
examination and preparation of a report in accordance with these Rules. In case of new vessels,
they cannot be used before receipt of certificate regarding their maximum approved working
pressure from the manufacturer or any other competent person. If any part of the vessel was
examined, the vessel cannot be used before the receipt of the report of such examination. Such

41
certificate shall always be ready to be shown to the inspector and the licensed vessels should be
marked in such manner so that they can be identified easily.

(10) If any condition, for safe usage of a vessel, has been imposed by any report of examination
conducted in accordance with this Rule, the vessel cannot be used in contravention with such
condition imposed thereby.

(11) If after conducting an examination in accordance with these Rules, any competent person
serves a report to reduce the maximum approved working pressure of any vessel or if after the
examination it is found that some part thereof needs to be repaired immediately or within a
specific period, he may send a report to the inspector within 07 (seven) days after completion of
such examination.

(12) If the provisions prescribed by this Rule do not contradict with any law, rule or regulation in
force, it shall be considered as additional to such provision.

(13) Nothing of this rule shall be applicable in case of -

(a) Any pressure plant under the Boilers Act, 1923; and

(b) Any portable vessel cylinder used for transportation of gas.

(14) If it appears to the Inspector General that a vessel is constructed or used in such manner that
any examination thereof is not necessary or practical, he may exempt any or all vessels from any
or all provisions of this rule.

For the purpose of this rule, competent person shall mean a person of the rank of workshop
supervisor of mechanical department of any engineering university. Beside this, any person or
institution may be declared as competent in Form no. 30.

Illustration: In this rule, vessel means closed vessel of any capacity. However, feed pumps,
steam pumps, turbine canning, compression cylinders, bulbs, air vessel or pump, general pipe
foil, cylinder and equipment used for inter-king guard and rill etc… are not included in this.

49. Additional weight. – (1) No male or female worker of any establishment can be appointed
for the purpose of lifting, carrying and moving, by hand or on the head without the help of any
person, any matter, equipment, arms or appliances exceeding the following weights:

(a) Adult male worker- 50 kg (b) Adult female worker- 35 kg

(2) The road used for transportation should be without obstacles in a way that there is no risk for
the workers to stumble or slip on it. Where the weight is needed to be carried upward, the
amount mentioned above should be less in accordance with the directions of the inspector
considering the working environment.

42
(3) No adolescent or pregnant woman can be appointed for the purpose of lifting, carrying and
moving any matter, equipment or appliances for any employer or establishment.

(4) The wages for a female worker for carrying a weight of 35 kg should be similar to the wages
of a male worker for carrying a weight of 50 kg mentioned in Sub Rule (1), no matter in which
manner the worker is appointed.

50. Safety of eyes. – Appropriate safety goggles, if necessary, hand shield should be arranged for
every worker engaged in any work performed in following manners:

(a) Using revolving wheel operated with mechanical power or using metal or metal substance for
dry grinding work by hand; the work of a revolving (external and internal) of iron or non-iron
metal or similar metal or iron material in dry conditions;

Provided that, where curtain or goggles are inconvenient for appropriate effectiveness of any
work, any other arrangement may be adopted subject to ensuring special safety.

(b) Metal welding, cutting with electric welder, arc welding and oxyacetylene or any similar
process or use of chemical substances;

(c) Cutting or organizing cold rivet or bolt, or the work of slicing, foliating, training and breaking
or smoothing any stone, concrete piece or similar matters with hand operated/manual machinery
or portable appliances.

In addition to the work mentioned above, in cases where there is a risk of getting hurt or injured
in the eyes due to the production process, effective machine guard or glasses that ensure the
safety of eyes must be used in such production process.

51. Precautionary arrangement against dangerous smoke. –

(1) Minimum size of a manhole: every reservoir, well, hole, tunnel or any other closed place,
rectangular, oval or circle shaped manhole where a person can enter and from where dangerous
smoke can be produced which can be a reason for risk for any person should be organized and –

(a) If it is rectangular or oval, it shall not be less than 40.65 cm in length and 30.50 cm in
width;

(b) If it is circle shaped, its diameter shall not be less than 40.65 cm;

(c) The amount of oxygen in the air of such reservoir, well, hole, tunnel or any other closed
place shall not be less than 19%. And there shall be a permanently constructed ladder for
going up and down through such a tunnel.

43
(2) Competent Person: The word “competent person” mentioned in Section 77 of the Act shall
mean the person responsible for such matter in explosive department. Beside this, any person or
institution may be declared as such in Form no. 30.

52. Prohibition of smoking and open light/fire. – A notice, in simple Bengali languageshould
be posted in a visible place of the establishment, regarding prohibition of smoking and using
open light/fire.(example candle, lamp, matches, gaslight etc) in places of the establishment where
it can be dangerous or in any place as directed by the inspector and necessary cautionary
measures that need to be taken in case of fire.

53. Supply of personal safety materials for workers. – (1) The production processes where
there is a risk of physical harm or injury for the workers engaged therein, adequate arrangement
for safety and health should be ensured in accordance with the directions prescribed in the Act,
Rule and Directions of concerned departments of the government. In addition, in order to ensure
personal safety of the workers, no worker should be engaged in such work before providing
adequate safety materials, such as safety shoes, helmets, goggles, masks, hand gloves, ear muffs
and ear plugs, waist belts, aprons etc. and providing training on how to use those safety
materials.

(2) The information regarding the supply of personal safety materials should be maintained in
Form no. 23.

CHAPTER VII

44
 SPECIAL PROVISIONS RELATING TO HEALTH, HYGIENE AND SAFETY

54. Dangerous operation. – (1) For the purposes of Section 79 of the Act, the following
operations shall be considered as hazardous:

(a) Production of aerated water and related processes;

(b) Electroplating through electrolysis or oxidation of any metal with chromic acid or other
chromium compound through the process of electrolysis;

(c) Production and repair of electric accumulator;

(d) Production of glass or glass products;

(e) Making a metal sharp or shiny;

(f) Making or repairing lead, lead alloy or few compounds of lead or any related work;

(g) Production of gas from hazardous petroleum;

(h) Any work relating to cleaning or smoothing any metal globe or gravel or any rough matter
with sand jet run by compressed air or steam;

(i) Liming and tanning of raw leather and any process associated therewith;

(j) Putting jute or any fiber in a machine to make it soft;

(k) Lifting, organizing, storing any product with a weight of more than 50 kg in a store or
loading similar kind of product in ship or any other vehicle;

(l) Preparing, using or storing cellulose solution;

(m) Preparing chromic acid or preparing of retrieving sodium bichromate, potassium bichromate
or ammonium bichromate;

(n) Printing press or Type Foundry where any process with lead is operated;

(o) Preparation of compressed hydrogen or compressed oxygen;

(p) Making ceramic products/pottery;

(q) Preparation of rayon of chemical sticky alkali;

(r) Processing of plastic or polyethylene products;

45
(s) Any work where hazardous gas is deposited or there is a risk of producing such gas,
especially working in abandoned or closed wells, septic tanks, sewage lines and the work of old
ship breaking;

(t) Making chemical compost/chemicals;

(u) Crushing stone/brick by mechanical method;

(v) Any work on a height of at least 3 meters from the ground and 2 meter underneath;

(w) Working with electric wiring or electric line;

(x) Working at a brick burner;

(y) Working inside a mine;

(z) Melting, transforming, cutting and joining any metal with high heat;

(--) Any production process where noise with a degree of higher than 80 dB is produced;

(--) Crushing stone using power press (except hydraulic press), metal tread;

(--) Guillotine machine;

(--) Circular saw;

(--) Plate printing machine; and

(--) Deep Sea Fishing.

(2) Beside this, the Inspector General in case of necessary may declare any other production
process or any process associated therewith as hazardous work.

(3) Appointing children and adolescent workers in hazardous work mentioned in Sub rules (1)
and (2) and as declared by the Inspector General or any inspector authorized thereby, from time
to time, shall be prohibited. The Inspector General may, by notification from time to time,
declare the work in the process as mentioned above prohibited for women or pregnant women
workers.

(4) The employer of any establishment, while appointing any person in the work described in
Sub rules (1) and (2) shall at his own cost, have the health of such worker examined by a
registered medical practitioner and receive a fitness certificate thereof for such work in Form no.
26. Besides this, the employer shall have the health of all of such workers, examined by a
registered medical practitioner at least once in a year and receive their fitness certificate in Form
no. 26. The description of such examination shall be preserved separately by the registered
medical practitioner and the employer in Form no. 26 A. In such examination, if any worker is

46
found to be affected by any occupational disease or poisoning described in Schedule Number 2,
the certifying medical practitioner and the employer of the establishment or the concerned
worker or any person specified thereby shall inform the inspector through Form no. 29 within a
period of 24 hours. After being informed, the inspector shall send such worker to the District
Civil Surgeon for examination.

The Civil Surgeon, after examining the health of such worker, shall send a report thereof to the
Inspector General or any Inspector authorized thereby, which shall be sent by the inspector to the
employer for necessary measures. All expenses related to such examination shall be borne by the
employer.

(5) Information regarding the personal safety equipment supplied to the workers should be
maintained in Form no. 23 along with a description of the work for which the personal safety
equipment shall be supplied in accordance with Section 79 (d) of the Act.

(6) Every employer, in case of use of chemical substances which can cause physical harm to the
persons working in his establishment, shall hang a Material Safety Data Sheet (MSDS) as a
notice at a clearly visible place.

(7) In order to ensure good health of the workers engaged in hazardous work mentioned above,
the employer, with the suggestion of the Inspector General or any Inspector authorised thereby,
shall arrange nutritious tiffin or snacks for the workers.

55. Serving notice of accident. – (1) Where in any establishment, any person faces any accident
which ultimately causes his death or if, due to such accident, there is no reasonable possibility
for that person to join his work in that establishment for the following 20 days, the accident shall
be considered as fatal or serious, as the case may be, and the authority of such establishment
shall instantly serve a notice, through telephone, fax, e-mail or special messenger, to the
following persons-

(a) Inspector General;

(b) Concerned Deputy Commissioner;

(c) Concerned Inspector;

(d) Concerned Labour Court;

(e) Fire service;

(f) Nearest hospital or health centre; and

(g) In case of death or fatal accident, the officer in charge of industrial police of the concerned
area should be notified about such incident.

47
(2) The notice sent by telephone, fax, e-mail should be supported in written format in Form no.
27 within two days. In some extent, the notice sent by the special messenger should be in Form
no. 27

(3) Within two months from the date of such incident, the owner of the establishment or any
officer authorized thereby shall send a final report and, where applicable with description of the
latest condition of such accident in Form no. 27 (A), to the concerned Divisional Inspector.

56. Notice of minor accident. – If any worker, injured by any accident in the establishment, is
not being able to join his work within 48 hours and is absent for less than 20 days due to such
accident, such accident shall be considered as minor accident and the authority of such
establishment, within 07 (seven) days of such accident, should send news to the authorities
mentioned in Rule 49 (1) (a), (b), (c).

57. Notice of dangerous occurrence. – Where in any establishment serious/dangerous

occurrence like explosion, outbreak of fire, building collapse or serious accident in machine
takes place, whether anyone personally gets injured or not, the establishment authority, within 03
(three) working days, shall communicate the news of such accident to the authorities mentioned
in Rule 55 (1) (a), (b), (c) through Form no. 27 (B).

58. The place/spot of fatal accident.- Where the accident causes any disablement/amputation or
death, the place of such accident shall be preserved in the same condition until the inspector,
after being informed, visits the place or till at least 03 (three) days after such accident. The
inspector shall collect information of such investigation and inform the employer regarding the
steps to be taken.

Provided, there shall be exception for sake of rescue operations and to protect human lives and
property.

59. Register of accident or dangerous occurrence and monthly accident report. – The
management of every establishment shall record the accidents and dangerous occurrences in his
establishment in Form no. 28 and whatever measures have been taken by the employer that shall
be recorded in the register. The information recorded in the register shall be submitted to the
Inspector in the form of the monthly within the next 03 workdays after end of the month.

60. Notice of occupational disease and diseases related to poisoning. – (1) In accordance with
Section 82 of the Act, where it appears to the employer or he learns that, any worker of the
establishment is suffering from a disease described in Schedule Number 02 (two), the employer
or concerned worker or any person specified thereby, shall inform the inspector by a notice in
Form no. 29within 24 hours. After being informed, the inspector shall send such worker to the
District Civil Surgeon for examination.

48
(2) After examining the health of such a worker, the civil surgeon shall send a report thereof to
the Inspector General or any inspector authorized thereby and the inspector shall send such
report to the employer for taking necessary measures. All expenses related to such examination
shall be borne by the employer.

61. Complimentary provision on safety. –

(A) Safety of workers at ships and river and seaport:

(1) Application of the Rules: Applicable to the territory of the ports described by or in
accordance with the Port Act, 1908 and the ports of internal navigation under Section 88 of the
Act, for the safety of workers of road, river or sea port engaged in domestic vessels, seafaring
ships and movement of these kind of vessels, transportation of passenger, and carrying goods:

(2) Inspector’s power in implementation of Section 88:

(a) Any Inspector empowered from the Inspector General, as it deems fit, with similar support (if
there is any):

(i) May conduct an inspection or examination by entering any building or premises, or

vehicle or ship or any place where any process is operated any time, both day and night;

(ii) May, for the purposes of the Act, as he deems necessary, conduct examination in any
premises, or vehicle or ship or in any place where a process is operated or may examine its
machinery installed or used therein;

(iii) May prohibit any machinery which is not in compliance with the provisions of Sub rule
7-19 of these Rules;

(iv) May call for and inspect or examine or keep necessary any register, certificate, notice or
instrument to be maintained in accordance with the Act or Sub rule (A).

(B) For the purpose of exercising the powers conferred to the Inspector in accordance with the
Act and Rules regarding vehicles, ships or premises, the persons engaged in general management
or control of the concerned vehicle or ship or place or its owner, driver or master, officer in
charge or agent shall provide every kind of transport facility to the inspector.

(3) Duties of inspector in case of implementation of Section 88:

(a) While inspecting any premises, vehicle or ship, the inspector shall be certain that the
provisions of the Act and Rules are being properly followed;

(b) If there is any reason for the inspector to believe that accidents occurred due to dislocation of
lifting machinery or certain falling down or due to violation of any provision of the Act or Rules,
he shall investigate the reason for such accident;

49
(c) During each inspection, the inspector shall follow up and determine the extent of the
repairing of the defects revealed in the previous investigation and the compliance of directions
provided therein. The inspector shall record in the register the result of his investigation and new
defects revealed during his investigation and his directions in accordance with law or regulation.
The inspector, if he thinks necessary, may send a brief description of new defects revealed in his
investigation along with his directions and comments to the owner, master, officer in charge or
agent of the concerned place or ship.

(4) Precautionary measures against dangerous poisonous smoke and other harmful
substances:

(a) No person shall be allowed to go to a place where there is a dangerous substance until a
safety certificate has been issued by competent authority (Inspector of Explosive Department);

(b) If no other arrangement can be made to protect the health of the worker from harmful
substances, the workers should be supplied with appropriate personal safety equipment to save
himself from the poisonous effect of such substances and he should also be provided with
training to use those equipment;

(c) The berth operator, stevedore or employer shall be responsible for supply and maintenance of
the personal safety equipment described in paragraph (b). Where there is a possibility of the
personal safety equipment of getting polluted, the berth operator, stevedore or the employer or
the employer of the berth operator shall make arrangements to maintain those equipment in a
different place.

(5) Consultation with workers: Consultation with Safety Committee or workers representatives
should be conducted as far as possible, in order to get support from the workers regarding
adopting safety measures to control the risk of health hazards.

(6) Responsibilities: The berth operator, stevedore or the employer shall be responsible for all
equipment used in the work and for the ships which are not registered in Bangladesh, the
responsibility of the masters thereof shall be in accordance with Sub rules 7-19.

(7) Competent person: In fulfillment the purpose of this rules, the competent person shall mean-
(a) any person nominated by any authority approved by the Inspector General in Form no. 30.

(b) In case of machinery which is not transported by ship, any person engaged by the port
authority on their behalf with approval from the Inspector General;

(c) In case of machinery that is transported by ship, an officer of the concerned factory
approved by the Inspector General or except for the purpose of Sub rule 10(b), in other cases,
any person nominated by any authority approved to nominate competent person by the
Inspector General and for the ships which are not registered in Bangladesh, for the purpose of
ILO Convention 32 (1932), the responsible person of the concerned country shall be included.

50
(8) Examination of lifting machinery:

(a) All lifting machineries should be examined with proof load by a competent person through
the process prescribed in the Schedule in Form no 31, before being used for any work.

(b) All the derricks, cranes, permanent attachments, bridle chains, masts, all loose gears and
decks should be examined (visual test) once every 12 months and should be examined with proof
load at least once every five years.

(c) Other lifting machinery should be examined (visual test) at least once every 12 months.

(d) For the purpose of this Sub rule, examination shall mean visual test. However, in order to
scrutinize whether a particular machine is in safe condition or not, it can be tested by a stroke of
hammer. It can be examined by reassembling the parts of gears.

(9) Special type of loose gear: the following categories of gears should be examined (visual test)
by a competent person at least once every month:

(a) Chains made of soft iron which can be melted;

(b) Plate, link chain;

(c) Chains made of steel: rings, hooks, chains and cleats;

(d) Welding chains;

(e) Welding chains, rings, hooks, chains and cleats attached with pulley blocks and measuring
machine;

(f) Hooks and cleat attached with screw-thread of ball-bearing or any other strong parts.

(g) Baurdax connection.

The master or chief officer of a ship shall be considered as competent person for examining the
gears on a ship. For the purpose of this Sub rule, examination shall mean visual test.It can also be
examined by reassembling the parts of gears to make sure that it is safe.

(10) Other Loose Gears:

(a) No grab chain, sling, hook, chain, cleat or pulley block can be used for the purpose of
lifting before examination by a competent person through the process prescribed in the
schedule in Form no. 31. Proof load examination should be conducted every three months.

(b) Any chain attached with derrick or mast except bridle chain, all rings, hooks, chains and
cleats used for lifting and carrying, if not examined by inspector, shall be examined by a
competent person within the following period:

51
 (1) Generally usable chains smaller than half inch, rings, hooks, chains and cleats: at least
once every 06 (six) months;

(2)Generally usable all other rings, hooks, chains and cleats: at least once every 12
(twelve) months;

Provided that, in case of the gears used in crane and other lifting machinery and all
manual cranes, the period of 06 (six) -months prescribed in sub paragraph (b) (1) shall be
a period of (twelve) months and the period of (twelve) months in subparagraph (b) (2)
shall be a period of 2 (two) years.

Provided further that, after being certain about the safety of the workers, the inspector
may, subject to approval from the government, if he thinks necessary, exempt, any gear
of special size and design or category which is needed to be used continuously, from the
provisions of this rule, through a written certificate and subject to the conditions
prescribed therein.

(c)Any chain attached with derrick or mast except bridle chain, all rings, hooks, chains and
cleats used for lifting and carrying, if not examined within the last 03 (three) months, must
be examined before being used.

(d) If the length of any ring, hook, chain and cleat used for lifting and carrying, is increased
or changed or repaired through welding or any other process, it should be adequately re-
examined by a competent person through the process prescribed in the Schedule, before
being used again.

(11) Ropes:

(a) No rope can be used for lifting and carrying, unless;

(1) It is of excellent quality and without defect; and

(2) In case of wires, if it has not been examined by a competent person through the
process prescribed in the schedule in Form no. 31.

(b) All ropes of wires used for lifting and carrying should be examined (proof load test) by a
competent person at least once every 03 (three) months;

(c) If 10% of the total wires of any rope, with a radius of half inch, is broken; or the rope has
become excessively and visibly withered and if the examiner considers it to be un-usable, it
cannot be used for lifting and carrying.

(d) If any knot is created in any wire-rope, there should be at least three parts of wires
around the whole and it should be firmly attached with the end of the rope;

52
Provided that, the provision of these Rules shall not be an obstacle for the knots made in any
other way, if it is strong enough in accordance with these Rules.

(12) Register of periodic examination: For the purpose of recording the result of the
following examinations, register should be maintained in Form no. 31 (A):

(a) Annual examination and 05 (five) year examination in accordance with Sub rule 8 (b);

(b) Annual examination in accordance with Sub rule 8 (c);

(c) Examinations prescribed in Sub rule 13 (b); and

(d) Welding of any chain, ring, etc in accordance with Rule 10 (b) if the certificate has not
been attached with the register prescribed in Form no. 31 (A) in accordance with the
provision of Sub rule 13 (c).

(13) Certificate of competent person:

(a) The certificates related to the following matters should be issued in Form no. 31 (A) and
should be attached with the register:

(1) The result of examination and scrutiny of the following matters in accordance with
Sub rule 8 (a):

(i) Winch, derrick and gears related thereto in Form no. 31 (B);

(ii) Crane or lifting machinery and gears related thereto in Form no. 31 (C);

(2) The result of examination and re-examination of chain, ring, hook, chain and cleat
and all pulley blocks in accordance with Rules 10 (a) and (d) in Form no. 31 (D).

(3) Result of examination of rope of wire in accordance with Sub rule 11 (a) in Form
no. 31 (E).

(b) The certificate of welding of chain etc. in accordance with Sub rule 10 (b) shall be issued
in Form no. 31 (B) and if the necessary information has not been incorporated in Form no.
31 (A), that should be inserted in the register.

(c) The certificate of annual comprehensive examination of gears in accordance with Sub
rule 9 shall be in Form no. 31 (F).

(14) Maintenance and production of register and certificates: Register and the
certificates attached with the register:

(a) Should be preserved in the premises unless any other place is approved by a written
direction of the inspector.

53
(b) Should be presented before the inspector on demand.

(c) Should be preserved for at least 05 (five) years from the date of last entry.

(15)Machinery etc. cannot be used until necessary inclusion in the register: No chain,
rope, gear that needs to be registered in Form no. 31 (A) or needs to be certified in similar
register or needs to be certified, can be used until recorded or certified in such manner.

(16) Pulley blocks: No pulley block can be used for lifting or carrying goods until the sign
of safe carrying capacity is drawn.

(17) Safe working load of chains and slings: Arrangements should be made so that the
user of the chain rope can be informed regarding its safe working load/safe carrying
capacity. These arrangements should be as follows:

(a) In case of chain or sling, such word or sign should be drawn so that the user can be
easily informed about the safe carrying capacity; and

(b) In case of the knot of rope, arrangement should be made in a manner prescribed in
paragraph (a) or such notification shall be exhibited so that the user can easily be
informed of the safe carrying capacity by reading that notice.

(18) Safe working loads of cranes: The safe carrying capacity should be clearly marked in
every crane and derrick and if the crane on the shore is constructed in such a way that the
safe carrying capacity fluctuates, an automatic indicator of safe carrying capacity should be
attached there with.

(19) Lifting and carrying containers:

(a) Before starting to use container spreaders, the supervisor, foreman or any other authority
should ensure that it is in good condition.

(b) The single or multi-leg sling container cannot be used for lifting and carrying.

(c) Attention should be paid so that the weight of the container and spreader does not exceed
the safe carrying capacity of the lifting machinery.

(d) The lifting machinery should be used under the supervision of a properly trained signal-
man. In cases where the crane operator, for any reason, cannot see the signal-man, they may
use walkie-talkie, if necessary.

(e) When any container is being lifted or carried from any trawler, no person can stay at the
cabin of that prime-over.

(f) No person shall stand on a container when:

54
 (i) The container is being lifted or carried.

(ii) Any other container nearby is being lifted or carried.

(g) When a container is being lifted by crane attached with a spreader, no person can stay on
that container.

(h) When any ladder is being used to lift a container, that ladder should be made in an
efficient manner and there should be arrangements to firmly fix both ends of the ladder.

(i) When the workers have to work on the containers:

(i) It should be ensured that the upper surface of the container is dry and clean.

(ii) The workers shall be provided with effective and safe equipments for loading and un-
loading a container.

(20) Responsibilities: The responsibility to comply with the provisions of Sub rules 21 and
22 shall lie with the owner, master, and officer in charge or agent of the ship.

(21) Access between shore and ship: If any ship is waiting in a harbor or wharf to be
loaded or discharged, the following arrangement should be made for the workers to board
the ship and to come down from the ship-

(a) There should be a strong staircase or gangway with width of 22" and railing with a
height of 2'9"; however, if the staircase of the ship is attached and if one side of the
staircase protected by the ship, a strong railing of rope shall be adequate.

(b) The ladder or staircase should be constructed in such a way so that the workers do
not slip or stumble and it should be attached in a completely danger free condition.

(22) Lighting for process on ship: During the process, arrangement for adequate light
should be ensured in the following places to ensure the safety of the workers and other
moving vessels-

(a) On the deck inside the ship where work is going on.

(b) The places where the workers might need to go during work.

(23) For sending report of accident or dangerous occurrence: The employer/owner,

berth operator, stevedore, port authority, agent and concerned establishment shall be
responsible for sending report of accidents or dangerous occurrences in the process
mentioned in rule (57);

55
(24) Responsibility of the employer/owner, berth operator, stevedore for equipment-
No employer, berth operator, stevedore shall permit any worker to use any machinery or
gear in contradiction with the provision prescribed in sub rule 8 to 19 and Sub rule 1;

(25) Renewal of license: the berth operator, stevedore, agents shall take their report on
worker’s safety or compliance implementation from the inspector before renewing their
licenses from the port authority, and that should be taken into consideration during the
renewal of license.

(B) For the safety of workers in construction of buildings, bridges and other structures
and breaking:

For the safety of workers in construction of buildings, bridges and other structures and
breaking under fulfillment the purpose of section 88, the following measures must be
protected:

(a) In case of construction or breaking any building or structure, the developer or chief
contractor of that site, in addition to the arrangement of security management directed in
CHAPTER I to CHAPTER IV of Part SEVEN of the BNBC, for all safety arrangements
must ensure that: –

(i) Adequately strong and safe safety net has been set up around the building where the
construction work is going on and this safety net should be set up at a distance of less
than 03 (three) meters below the place where the construction work is going on;

(ii) The safety net should be set up leaving enough space around the building so that the
main purpose of setting up the safety net is served;

(b) (i) Excellent quality safety belt, the weight carrying capacity of which is 1.5 times more
than the weight of the worker, and safety life line has been supplied to the worker in order to
ensure safety of the construction workers. So that, in cases where there is a risk of falling
down from a high place, the workers can use that safety belt and lifeline.

(ii) The workers, who need to use these safety belt and lifeline, have been provided with
adequate training and directions on the use of these safety equipment.

(iii) The safety set, safety belt and safety lifelines are well maintained and usable.

(c) The open part around all open edges of front side of any floor or roof or any internal
floor should have a railing with a height of at least 900 mm and a board with a height of at
least 200 mm. For the purpose of this rule, it shall not mean any side of the entrance of any
staircase.

(d) (i) All workers have been provided with gloves, helmets and boots and they always use
these during working hours;
56
(ii) All workers engaged in work of drilling, cutting or welding have been provided with
safety goggles and they always use these during working hours;

(e) Whereas bamboo is used to make the platform, there platform and each of its parts are
strongly constructed with good quality, defect less material and it is safe for the purpose it is
made for;

(C) Special Provisions regarding the health and safety of workers:

(1) If it is proved that any worker has been appointed to do work which is threatening or
harmful for the health or safety of any worker, it shall be considered as a crime due to
violation of law, no matter if it is mentioned clearly in the Act or Rules or not.

(2) The Inspector General or any concerned inspector may, if he thinks necessary for the
health and safety of workers, direct the employer to make suitable/proper arrangement, no
matter whether it is clearly mentioned in the Act or Rules or not.

(3) For the purposes of Section 88 (b) of the Act, specified competent person shall mean any
government establishment responsible in this matters or any civil engineer or any civil
engineering firm recognized by the Government. He shall issue a certificate regarding
firm/strong condition of any building in Form no. 32.

(4) In case of a factory constructed after the commencement of these Rules, the Inspector
General may not permit the continuation of construction of any building without the
certificate mentioned in Sub rule (3).

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 CHAPTER VIII
WELFARE MEASURES

62. First aid appliances. – (1) There shall be a first aid box or cupboard in every department,
branch and floor of every establishment in accordance with Section 89 (1) of the Act and it
should be marked with a red crescent/cross and must be equipped with items as prescribed
number under Sub-Rule (2) or (3) or (4).

(2) If the number of people engaged in any establishment, department, branch or floor, where
mechanical power is used, is less than 10 (ten) or if the number of people engaged in any
establishment, where mechanical power is not used, is less than 50, those establishments shall
have the following appliances in every first aid box or cupboard:

(a) 6 (six) sterilized bandage of small size;

(b) 3 (three) packets of cotton (0.5 ounce);

(c) 3 (three) sterilized bandage of medium-size;

(d) 3 (three) sterilized bandage of large size;

(e) 3 (three) sterilized bandage of large size usable for burn;

(f) 1 (one) bottle (1 ounce) of Hibisol or Hexasol;

(g) 1 (one) bottle (1 ounce) of rectified spirit;

(h) 1 (one) pair of scissors;

(i) 1 (one) copy of first aid leaflet;

(j) Painkiller and antacid tablet, burn cream, eye drop, antiseptic solutions for
surgery;

(k) 3 (three) packets of oral saline.

(3) If the number of people engaged in any establishment, department, branch of floor, where
mechanical power is used, is more than 10 (ten)but does not exceed 50, every such
establishments shall have the following appliances in every first aid box or cupboard:

(a) 12 (twelve) sterilized bandage of small size;

(b) 6 (six) packets of sterilized cotton of medium size;

(c) 6 (six) sterilized bandage of large-size;

58
 (d) 6 (six) sterilized bandage of large size usable for burn;

(e) 6 (six) packets of sterilized cotton (1/2 ounce);

(f) 1 (one) bottle (2 ounce) of Hibisol or Hexasol;

(g) 1 (one) bottle (2 ounce) of rectified spirit;

(h) Tourniquet (appliance used to stop bleeding)

(i) 1 (one) roll sticky poster;

(j) 1 (one) pair of scissors;

(k) 1 copy of first aid leaflet; and

(l) Painkiller and antacid tablet, burn cream, eye drop, antiseptic solutions for
surgery;

(m) 6 (six) packets of oral saline.

(4) The establishment, department, branch and floor where more than 50 people are employed
shall have the following appliances in every first aid box or cupboard, unless the Inspector
General directs otherwise:

(a) 12 (twelve) sterilized cotton packets (1/2 ounce);

(b) 12 (twelve) sterilized cotton packet of medium-size;

(c) 12 (twelve) sterilized cotton packet of large size;

(d) 24 (twenty four) small sterilized bandages;

(e) 12 (twelve) sterilized bandage of large size usable for burn;

(f) 12 (twelve) roller bandages (4 inches width);

(g) 12 (twelve) roller bandages (2 inches width);

(h) 6 (six) triangular bandages;

(i) Tourniquet (appliance used to stop bleeding);

(j) 1 (one) bottle (4 ounce) of alcoholic solution of 2% iodine;

(k) 1 (one) pair of scissors;

(l) 1 (one) bottle (4 ounce) of rectified spirit;

59
 (m) 2 (two) packets of safety pins;

(n) 12 (twelve) bamboo/wooden stick used for bone fracture;

(o) Painkiller and antacid tablet, burn cream and sterilizer for surgery;

(p) 12 (twelve) packets of oral saline;

(q) 1 (one) first aid leaflet;

(5) The box and cupboard, appliances and equipment mentioned in this Rule should be examined
by a responsible person at least once every three months and every product should be changed at
least one month before the expiry date.

(6) Where in any establishment there is a properly equipped medical room or where similar
things are preserved in a box, the appliances mentioned in Sub rule (2) shall be enough for the
first aid box kept therein.

Provided that, if the Inspector directs the addition of any other appliances in such box or
cupboard, from time to time, those appliances should be preserved as well.

63. Medical room. –

(1) In every factory/establishment there shall be a medical room along with a dispensary where
at least 1 (one) registered medical practitioner shall be on duty and there should be at least 1
(one) trained medical assistant and a nurse and support staff to assist him. The medical
practitioner shall be available during working hours if required. Provided that if the number of
workers employed in an establishment is more than three thousand, there shall be at least two
registered medical practitioners and necessary number of medical assistance and nurses to assist
them.

(2) The medical room shall be separate from other parts of the establishment, as far as possible,
and it shall not be situated near a place where noisy operations are carried out.

(3) The design of the building or the part of building, which shall be used as the medical room,
should be approved by the Inspector General or any inspector authorized thereby.

(4) The floor of the medical room shall be smooth, impenetrable and strong and the walls should
be impenetrable for a height of 1.5 meter. The room shall have adequate ventilation and natural
or artificial lights. This room shall only be used for providing first aid to and rest to the patients.
The room shall have the following furniture and equipment-

(a) 1 (one) Pot for hot and cold water;

(b) 1 table with a smooth 1.85 m x 1.1 cm surface

60
(c) Arrangement for sterilizing the equipment;

(d) Two beds for lying down and 2 (two) stretchers and 1 (one) wheel chair;

(e) 2 (two) buckets or covered pots;

(f) 1 (one) kettle for boiling water and spirit stove or any other appropriate arrangements;

(g) 12 (twelve) ordinary wooden boards (91.44 cm x 10.16 cm x 0.63 cm);

(h) 12 (twelve) ordinary wooden boards (35.56 cm into 7.62 cm x 0.63 cm);

(i) 6 (six) ordinary wooden boards (25.4 cm x 5.08 cm x 0.63 cm);

(j) 6 (six) fur blankets;

(k) 1 (one) pair of artery forceps;

(l) 2 (two) sponges of medium-size;

(m) 6 (six) hand towels;

(n) 4 (four) trays;

(o) 4 (four) carbolic soap bars;

(p) 2 (two) glass pots and gas;

(q) 2 (two) medical thermometers and a few hypodermic syringes;

(r) Lined measuring glass and teaspoons;

(s) Appliances for eyewash;

(t) 1 (one) bottle (1 L) 1: 20 carbon resolution;

(u) 3 (three) chairs;

(v) 1 (one) curtain;

(w) 1 (one) electric hand torch;

(x) 1 (one) first aid box or cupboard of standard quality in accordance with Rule 62(1);

(y) Adequate supply of vaccination for tetanus disease;

(z)Tourniquet (appliance used to stop bleeding)

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(5) If there is no arrangement for vehicle from the hospital, in case of serious accidents or
sickness, the employer of every establishment shall have full-time arrangement for appropriate
and effective vehicle for speedy transportation.

(6) A record of every service provided in case of accidents and treatments provided in case of
sickness should be maintained in the medical room and it should be presented before the
inspector, when necessary.

(7) The necessary amount of medicine, as directed by the inspector from time to time, should be
preserved in the dispensary.

64. Health Centre. –

(1) According to the provision of Section 89(6) of the Act, any establishment or establishments,
situated in the same building or in different building/places under the same employer, as the case
may be, where 5,000 or more workers are engaged in work,-

(a) The employer of that establishment shall establish a health center and the following
medical staff shall be appointed therein for providing medical treatment to workers during
working hours. In such cases, a separate sick room in accordance with Rule 63 shall not be
required.

(i) At least two registered medical practitioners for 5,000 to 7,000 workers;

(ii) Three registered medical practitioners 7,501 or more workers;

(iii) At least one trained nurse and at least one qualified dresser for every medical
practitioner;

Provided that, where there is a provision for appointing more than 1 (one) doctor, endeavor
should be made to appoint at least 1 (one) female doctor.

(b) There shall be at least 6 (six) beds in every medical centre. 1 (one) bed should be increased
for every 1,000 workers over 5,000 and at least 40 square feet space of the floor should be
allocated for every bed; however, in case of emergency, upon being informed, the inspector
general may relax the provision regarding the area of the floor.

(c) The following arrangements should be made in the health center of every establishment:

(i) Separate beds for male and female workers;

(ii) Separate room with 1 (one) bed and separate toilet for contagious diseases;

(iii) Separate area for patients of the outdoor department. It shall preferably be separated from
the general ward;

62
(iv) Separate room for examination of patients in privacy;

(v) A room for minor surgery and dressing;

(vi) Store room for medicines of dispensary;

(vii) Worker under treatment in the bed in the health center shall be provided with free medicine
and food, and there shall be arrangements for appropriate washing;

(viii) There shall be arrangements for family welfare and information on reproductive health,
training and counseling shall be at the health center;

(ix) There shall be arrangements services and counseling for female workers at pre and post-natal
stages;

(x) If required for clinical x-ray, physical therapy etc. that shall be arranged on time in cost of the
employer.

Provided that, if the employer, subject to the approval of the Inspector General or any inspector
authorized thereby, can arrange facilities of clinical laboratory, X-ray department and physical
therapy department in any other hospital nearby, provision for these three facilities may be made
flexible.

Provided further that, if there is not enough space to establish a health center in the
establishment, subject to the approval of the Inspector General or any inspector authorized
thereby, arrangements can be made to provide all medical treatment facilities free of cost through
a written contract with any approved hospital nearby.

(2) Medical facilities:

(a) All workers, and their family members, of such institutions shall have the indoor and outdoor
medical treatment facilities in the hospital or health center.

(b) The employer shall make arrangements to examine every worker free of cost at the health
center at least once in a year.

(c) When it is necessary to take treatment or conduct any test at the hospital or pathological
clinic outside the health center, the employer shall make arrangements for transportation for the
worker free of cost.

(3) Collective health center of establishments:

(a) The employers of establishments situated in the same building or adjoining buildings may
establish a health center collectively. The plan and design of such health center shall be required
to be approved by the Inspector General or any inspector authorized thereby.

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(b) The medical treatment facilities of such health center shall be in compliance with Sub rules
(1) and (2).

(c) If any employer intends to provide medical treatment for the employers of his establishment
through such a collective medical center, he shall, subject to the decision of the employers of the
collective health center near his establishment, inform in writing the Inspector General or any
inspector authorized thereby. In such case, the Inspector General or any inspector authorized
thereby may exempt the employers of such collective health center from the provision of Sub
rule (1).

(4) Equipment and drugs of health center: The Inspector General or any inspector authorized
thereby, in consultation with the Director of Public Health Department/ Department of Public
Health & Engineering of the Government, shall determine the necessary arrangements for
appliances, injections, drugs and equipment for such a health center.

(5) Medical records: The responsible medical officer of every health center shall maintain the
medical records of patients under treatment or patients who have received treatment from such
health center.

(6) The annual return related to the management of health center should be sent in accordance
with Rule 344 in Form no. 81 (i).

65. Welfare Officer. – (1) Establishments where 500 or more workers are employed and the tea
gardens and the gardens where the number of workers is 500or more, should have 1 (one)
qualified welfare officer appointed therein in accordance with Section 89 (8) of the Act. If this
number exceeds 2000, 1 (one) additional welfare officer shall be appointed for every 2000
workers additional fractions.

(2) Duties of Welfare Officers:

The duty of the Welfare Officer shall be as follows-

a) Encouraging the constitution of various committees of the workers and the Joint
Production Committee, Cooperative Association and Welfare Committee and supervising
their work;
b) Monitoring various facilities such as, canteen, restroom, children's building, adequate
arrangement for toilet, potable water;
c) Providing support to the workers regarding seeking leave with pay and explaining the
rules of various types of leave to the workers;
d) Monitoring issues related to housing, food, in Cooperative Association social and
recreation facilities in any establishment with fair price, health care management,
education for children, and other workers’ welfare activities;

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 e) Developing the standard of workplace and life of the workers and working and sending
recommendation for their welfare;
f) Arranging training for new workers, develop standards of workers education and
encourage them for availing trainings at technical training institutes, and advise the
management for providing nominations;
g) Providing appropriate advices to the management and workers for implementations of
provisions of the Labour Act;
h) Maintaining communication with the medical officer of the factory for further medical
facilities for the workers;
i) Working for improving the relations between workers and the employer;
j) Consultation with the employer and workers’ representative regarding the issues of
wages and service conditions;
k) If any disagreement arises between the employer and the workers, exercising his
influence to ensure mutual settlement;
l) Listening to the statement of workers and cooperating with the employer and the workers
to remove disagreements;
m) If any individual or collective complaint is received from the workers, immediately
informing the authority for its settlement;
n) Establishing communication and organizing discussion meetings in order to maintain
cooperative relations between the factory authority and workers.

(3) Qualification of the Welfare Officer:

(a) The incumbent should have at least a graduate degree or be experienced and specially trained
in labour and industry related matters;

(b) Proficient in labour law, industrial relations and complaints settlement/dispute resolution;

(4) Providing information: The manager or employer of a factory shall inform the Inspector
General or any inspector authorized thereby regarding the appointment or termination of service
of any welfare officer, within 15 (fifteen) days of such appointment or termination. However, the
vacant post shall have to be filled as soon as possible.

(5) The management shall provide all-out support to the Welfare Officer in performing his duties
as per Sub-Rule 2.

66. Maintenance of safety record book and exhibition of safety information board.- (1) The
following information should be recorded in the safety record book maintained in every
factory/industrial establishment in accordance with Section 90 of the Act and it shall be provided
to the inspector upon demand:

(a) A list of machinery or chemical substances used and preserved in an establishment which can
cause danger or risk.

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(b) Precautionary measures taken regarding chemical substances in use, probable influence on
workers’ health working therein and arrangement for first aid (MSDS).

(c) A description of personal safety appliances/equipment provided to workers (including

information regarding the types of such appliances, who it was supplied to, when and through
whom it was supplied) should be mentioned in the safety record book.

(d) The date and number of participants in fire drill.

(e) The date of re-admission of fire extinguishing equipment;

(f) Information related to examination of electrical wiring and appliances;

(g) The list of safety committee members and date and number of participants at the relevant
training;

(h) Information regarding safety measures taken by the employer.

(2) A safety information board exhibiting the main information recorded in the safety book
should be prepared and pasted in such a place that it is visible to all.

67. Formation of Safety Committee:

(1) Formation: The employers of every factory or industrial establishment where there are 50 or
more workers employed shall constitute and make effective a Safety Committee, in accordance
with Section 90 (a) of the Act, in the following manner. The employers of the group of
establishments as prescribed under Section 183 of the Act shall also form Safety Committee
area-wise or if enterprise are spear over more than one Upazilla then Upazilla-wise through
following ways.

Provided that, the factories in existence during the commencement of these Rules, should form
the safety committee within 3 (three) months from the date of taking effect of these Rules and
the factories months from the start of production.

(2) Number of members of the Safety Committee: The total number of members in the Safety
Committee shall not be less than 6 and not more than 12. There shall be equal members of
employers and workers in the Committee.

In the Committee, there shall be one Chairperson, one Co-Chairperson, one Member-Secretary
and Members. In the first meeting, the members will elect a Member Secretary unanimously.
The Committee may give the responsibility to Members on special aspects and branches or
divisions related to occupational health and safety.

Provided that the Chairperson of the committee and Representatives of the employer shall be
nominated by the owner or Managing Director of the factory or industrial establishment and Co-

66
Chairperson and Workers’ Representatives shall be nominated by the Collective Bargaining
Agent (CBA) or the Workers’ Representatives to the Participation Committee from workers
employed.

(3) The ratio of the Members in the Safety Committee: The number of Members of the Safety
Committee shall be as following given the ration of the number of workers. E.g., (a) In any
factory/establishment where 50 to 500 workers are employed, the total number of Members of
the Safety Committee be maximum 6.

(b) In any factory/establishment where 501 to 1,000 workers are appointed, the total number of
members to the Safety Committee shall be maximum 8.

(c) In any factory/establishment where there are 1,001 to 3,000 workers employed, the total
number of Members to the Safety Committee shall be maximum 10.

(d) In any factory/establishment where there are 3,001 or more workers employed, the total
Members to the Safety Committee shall be maximum 12.

(4) The process of nomination of Members to the Safety Committee:

(a) The Collective Bargaining Agent (CBA) of an industry or establishment shall nominate
workers representatives to the Safety Committee from among the workers employed in different
sections, divisions, floors, storehouse and units.

(b) If there is no Collective Bargaining Agent (CBA) in a factory or establishments, the Workers’
Representatives to the Participation Committee of that factory or establishment shall nominate
workers representatives to the Safety Committee from workers employed at different sections,
divisions, floors, storehouses and units of that factory or establishment.

(c) If for any obvious reason, in regard to nomination of workers representatives to the Safety
Committee, or if there is no initiative as per sub-Rule (a) and (b) in regard to nomination of
workers representatives upon being informed of such matter the Inspector General or the
representative authorized thereof shall make election of workers representatives to the Safety
Committee from among worker employed.

Provided that in such case after formation of the Collective Bargaining Agent (CBA) or
Participation Committee in that factory or establishment they shall nominate workers
representatives to the Safety Committee as per the above sub-Rule (a) and (b).

(d) The employer shall nominate his representatives within 7 (seven) days following nomination
of workers representatives. The Chairperson in consultation with the Co-Chairperson and other
members of the Safety Committee shall convene its first meeting within 15 (fifteen) days of
giving such nomination.

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(e) The Chairperson shall inform the Inspector General about the formation of the safety
committee within 10 (ten) days of holding the first meeting of the safety committee.

(f) If at least one third of workers are women in an establishment while nominating workers
representatives at least one-third shall be women representatives.

(g) If the Safety Committee feels requirement of opinions of Experts in regard to safety in the
factory, then the committee may seek opinions for the “Experts” having specializations on
occupational safety as per Section 2(42) of the Act. Provided that, no member of the Safety
Committee shall, without the suggestion of experts, disclose any information regarding important
safety matters of the workplace outside the factory or establishment.

(e) Vacancy of post and filling thereof: After the constitution of the committee, if any post of
the Member is become vacant due to resignation, retirement from the employment, leaving the
job, death or any other reasonable cause, the Safety Committee may fill that vacant post
supported by the two-third of the members. However, the representative of workers shall be from
the workers and the representative of employer shall nominated by the employer. If there is any
change in any membership post of the Safety Committee, it shall be communicated to the
Inspector General or authorized Official thereby within 15 days from such change.

(f) Duration of safety committee: The duration of the Safety Committee shall be two years
from the date of its first meeting.

(g) Special provision: This provision may be followed for the purpose of ensuring occupational
health and safety in factories or industrial establishment or group of establishments where the
number of employed workers is less than 50.

68. Functions, Duties and Jurisdictions of the Safety Committee.-(1) The functions of the
Safety Committee shall be as following:

(a) To assist the employer or management in implementing existing laws and regulations
including the Bangladesh Labour Act, 2006 in regard to occupational health and safety of the
factory or industrial establishment and workers employed thereof;

(b) To identify risks or lacking in regard to occupational health and safety according to the
checklist developed in accordance with this Rule, and recommend remediation thereof to the
employer or the management;

(c) The Safety Committee shall forward recommendations to the employer or management and
arrange related trainings and awareness raising for workers-employees and related persons after
reviewing the workplace and occupational health and safety related matters of workers
employed;

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(d) The firefighting, emergency rescue, formation of team and training for primary health care,
and fire drill as per Chapter VI of this Rule;

(e) To observe and monitor or review implementation of the provisions of the Labour Act and
recommendations of the Committee in regard to occupational health and safety, preserve reports,
and make available for the inspection by the Department of Inspection for Factories and
Establishments if required;

(f) To help the management in performing proper responsibilities and implementation of the
policies in light of the policies and guidelines developed by the “National Industrial, Health and
Safety Council” formed in accordance with Section 323 of this Act.

(g) There shall be facilities for training for Members of the Safety Committee and for
implementation of that all Members of the Committee shall be active.

(h) The Safety Committee shall not raise any industrial dispute and be not a party to any
industrial dispute.

(2) The Functions and Responsibilities of the Safety Committee.- The functions and
responsibilities of the Safety Committee shall as following. E.g., (a) The factory or industrial
establishment shall produce a guideline describing divisions of responsibilities by the Safety
Committee with an aim to implement properly and provisions under Chapter VI on Safety,
Chapter VII on Special Provisions on Security under the Act. Following issues shall be included
into the guideline:

I. Management of risks and safety in the establishment:

a) Identify risky areas (like parts of the building, stairways, compound, electric
line, machineries etc.);
b) Types of the risks (like- crack, locked gates during working hours, risky electric
lines etc.);
c) Levels or seriousness of the risk (like- high/medium/general/not satisfactory);
d) Determination of immediate measures (like- prohibition on use, immediate
remediation, renovation, closure);
e) Determination of protective measures depending on the levels and types of the
risks, and
f) Determination of technical and administrative liabilities.

II. Management of equipment and work procedures:

a) Inspection of the placements of machineries;
b) Inspection of the operations of machineries;
c) Determination of actions in case of faulty operations;
d) Inspect workers’ personal protection equipment and protection systems;
e) Determination of faculty operations and observations/recommendations.

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III. Management of risky smoke, explosive and flammable items:
a) Determination of types of explosive and flammable items;
b) Protection measures;
c) Determination of practical and procedural means;
d) Examination of personal protection measures;
e) Consideration of environmental risks; and
f) Direction and advice.

IV. Management of Fire Incidents:

a) Determination of potential source of fire;
b) Preventive measures;
c) Prepare list of firefighting personnel and verification of their skills;
d) Examination of emergency exits and determination of existing obstacles;
e) Actions taken to remove obstacles immediately;
f) Examine standards of firefighting equipment;
g) Trainings and drills;
h) Recommendations.

V. Management of Accidents:
a) Review of the overall environment and situation in potential emergency;
b) Review and consideration of probability of accidents from personal
perspectives;
c) Plan for rescue operations in case of serious potential accidents;
d) Distribution of responsibilities;
e) Reservation of required items for rescue operations and determination of ways
for immediate collection;
f) Communication and coordination plans with various organizations;
g) Investigation on the accident happened and determination of reasons;
h) Determination of responsibilities;
i) Recommendations and directions for prevention of accidents;
j) Treatment and compensation for the affected workers in accidents.

VI. Reckless operation, occupational diseases, and sickness due to effect of poison:
a) Determination of risky occupations in the establishment as listed under the Rule
54;
b) Prepare list of chemicals used and scheduled in the establishment.

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 c) Ensure mandatory health check-up of workers engaged in risky occupations and
attached to harmful chemicals;
d) Consultation with physicians on the sickness of workers engaged in related
occupations or identified through periodic health check-up;
e) Evaluation of the management of health care, treatment and compensation for
workers engaged in related occupations;
f) Required recommendations and directions for the improvement of health and
safety measures.

(3) Organizing regular meeting: The Safety Committee, if it is necessary, shall organize a
meeting on very short notice. This meeting shall be held at least once in every three months. For
an emergency requirement, the meeting can be convened at any time. In that meeting, there shall
be discussion on safety report or survey report regarding occupational health and working
environment, monitoring and evaluation report regarding safety and risk, progress of
implementation of plan and recommendations regarding emergency disaster management and
other necessary matters. The minutes of the meeting shall be maintained in writing and they
should be ready to be presented upon demand to the establishment/factory authority and
inspector.

(4) Introducing checklist and report form regarding monitoring of progress: The Safety
Committee shall introduce a checklist with a view to ensuring the implementation of the matters
directing the health and safety guidelines and identifying the risks harmful to the life and health
of the workers according to the production process, physical structure, nature and type of work,
preservation and transportation of goods, type and use of raw material chemicals and type of
services. The Safety Committee shall submit a report with recommendations in the specified
checklist and form to the employer/manager on monthly/quarterly basis and shall send a copy
thereof to the inspector. However, if any defect/non-compliance or violation of this section of the
Act or provision of the Rule is identified, they shall immediately submit a recommendation in
writing to the employer/authority for solution.

(5) Education and trainings: In order to increase awareness regarding safety risks, the Safety
Committee shall organize education and training program for all workers, officers and relevant
persons of a factory or industrial establishment. The employer shall take necessary measures in
order to ensure participation of all officers and workers of all divisions of the factory/industrial
establishment in such training. These trainings and refresher trainings shall be completely free of
cost and should be organized within the working hours of the office.

(6) Organizing mock drill: The Safety Committee shall organize regular trainings and mock
drills on earthquake, fire and other disaster management and accident prevention in accordance
with Rule 41(9) and 41(13).

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(7) Maintaining information or database: For facilitating speedy communication with
individual safety experts and institutions of the country, the Chairman or Member-Secretary of
the Safety Committee shall maintain information or database with phone numbers, e-mail
addresses, fax and the detailed addresses of such individual safety experts and institutions of the
country. All updated laws and Rules related to safety including on occupational health and
safety, building code, electricity, firefighting, environment etc. shall be preserved.

(8) Submitting recommendation for treatment and compensation: The committee may
submit recommendations in writing to the employer or management for settlement of
compensation and treatment for accidents described in CHAPTER XII of the act.

(9) Observing the Safe Work Place Day: The committee shall take initiatives to observe the
Work Place Day declared nationally or internationally in the factory or industrial
establishment/local level.

(10) Policies made by the National Industry Health and Safety Council: The Safety
Committee shall work at the establishment level with a view to implementing various policies
and guidelines introduced by the National Industry Health and Safety Council, from time to time.

(11) Jurisdiction of Safety Committee.- The jurisdiction of the Safety Committee shall be as
following. E.g.:

(a) In the Inspection Report prepared by the Inspector following an inspection in the factory or
establishment, if there is a need for an opinion of the Safety Committee of that factory or
establishment a copy of that Report shall be submitted to the employer/owner of the
establishment and Safety Committee within one month from the preparation of the same.

(b) In case of special necessity, Members from workers’ side in the Safety Committee, at any
time putting their signatures, may submit a special report to the employer or the management.

(c) If, within 7 (seven) work days after receiving recommendations from the Safety Committee,
the employer or the management does not take any initiative or measure to resolve any problem
according to the recommendations, the Safety Committee may submit a complaint in writing to
the Inspector General or Inspector and the Inspector General or the Inspector authorized thereby
shall take appropriate legal measures.

(d) The Safety Committee shall work independently being free from the administrative influence
of the establishment concerned. The administrative divisions of the establishment shall extend
required supports to the Committee in discharging its responsibilities.

(e) The members of the Safety Committee, if required, can visit every places of the factory or
industrial establishment during its open hours or closed hours. The employers or the management
shall provide required supports through special arrangements in this regard.

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(f) The management of the establishment or factory shall provide reasonable and adequate time
to the member of the Safety Committee during working hours for carrying out the activities
related to the committee or for receiving training.

(g) The Safety Committee shall perform its duties maintaining its independence as per the Act
and Rules. In case of taking a decision on safety matters by the Safety Committee it has to be
taken unanimously or through support of the majority. The employer shall take required
measures to comply with or implementation of the decisions taken by the Safety Committee.
No member of the Committee shall be held responsible personally for any decision taken or any
action undertaken in good faith by the Safety Committee, or for any opinion or a descending
opinion in any meeting.

(12) Training for the member of the Safety Committee:

a) The employer or management shall arrange training on occupational health and safety
and work environment at the expense of the employer.
b) Such trainings can be organized at the premises of the factory or industrial establishment
or at any training center.
c) They will be considered to be on duty during the training period.

All workers shall be trained for raising their awareness on safe working environment and
avoiding health risks through the trained members of the Safety Committee, as far as possible.

69. Washing facility. – (1) In every establishment, there should be adequate and appropriate
washing arrangement for workers and it should be maintained in accordance with Section 91 of
the Act. The washing facilities shall include adequate amount of soaps, germicides, nail brushes
or other appropriate equipment for cleaning nails, where applicable. These facilities should be
made conveniently available and maintained in a neat and clean manner.

(2) Sufficient number of suitable bathrooms in according with Section 91 (1) (a) of the Act
shall mean the following arrangements; namely-

(a) Bathrooms: In work processes where it is necessary for the workers to immediately wash
their body and there is a risk of harm to their health and the health of others, in such cases, there
shall be 2 (two) bathrooms for the first 25 workers and 1 (one) bathroom for every subsequent 50
workers. There shall be separate bathrooms for male and female workers.

Provided that, the industrial establishments where there is an existing washing facility in
accordance with the provisions mentioned earlier, that arrangement shall prevail.

(b) Without prejudice to the generality of the previous clause, the following facilities shall be
included in the bathroom:

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(i) 1 (one) traf attached with tap or jet at a distance of minimum 0.60 meter; or

(ii) Wash basin with tap; or

(iii) Tap on standing pipe;

(iv) Tap regulated shower; or

(v) Shower like circular traf.

Provided that, the inspector may, considering the requirements and habits of the workers,
determine the installation ratio of the facilities mentioned above.

(3) The upper surface of every traf should be impenetrable and smooth. These should be attached
with pipeline for removal of dirt water and flush.

(4) The floor and surrounding space of every place with traf, tap, standing pipe and shower shall
be constructed and maintained in such a manner so that the upper surface remains smooth and
impenetrable and there shall be adequate arrangement for disposal of water.

(5) For workers who are exposed to harmful or poisonous substances due to their work, there
shall be 1 (one) tap for every 15 (fifteen) such workers.

(6) If there are women workers employed therein, there shall be separate bathrooms for them and
the washing facilities should be covered or curtained in such a manner so that the inner side of
such wash facilities cannot be seen from the place where the male workers work. There shall be a
clear notice saying “Only for Women” with a pictorial direction hanging at the entrance so that
most of the workers can understand that.

(7) There shall be arrangement for supplying at least 8 (eight) liters of water for every worker
entitled to take shower every day.

70. Canteen. – (1) In establishments where more than 100 workers are employed, the employer
of every such establishment shall make arrangements to establish a canteen with the capacity of
at least 10% of the total number of workers.

Provided that, such canteen has a dining capacity for 30% of the total number of workers, a
separate dining room in accordance with Section 93 of the Act shall not be required.

(2) The establishment shall be required to get approval, from the Inspector General or any other
inspector authorized thereby, regarding the design and place of the canteen to be constructed.

(3) No canteen building can be established within a distance of 06 (six) meters from wash room
or bathroom and within a distance of 15 meters from any boiler house, coal store, ash or dust,
smoke or any source of harmful smoke.

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(4) In every canteen there shall be arrangement for at least a dining hall, kitchen, store room, and
a room for washing the dishes of the workers.

(5) No room of a building shall have a height less than 03 (three) meter from floor to ceiling. The
floor and 1.20 meter of the inside wall shall be made of smooth and impenetrable materials.

(6) The doors and windows of the canteen building should have mosquito (preventing) net
attached with it and there shall be arrangement for adequate light and ventilation.

(7) The specific facilities of the canteen should be open till such time as determined by the
canteen authority.

(8) In every Canteen –

(a) The inside wall, ceiling, passage and staircase should be whitewashed at least once a year
or it should be varnished or painted once in every 03 (three) years;

(b) All wooden furniture should be varnished or painted at least once in every 03 (three)
years;

(c) The iron structures or steel pots should be varnished or painted at least once every year;

(d) The inside walls of the kitchen should be plastic painted or whitewashed every 06 (six)
months;

(e) Record of the dates of whitewashing, painting, varnishing should be maintained in a

register prescribed in Form no. 20.

(9) There shall be arrangement for separate rooms in the canteen for female and male workers.
Where it is not possible in any way to arrange separate rooms, partition/curtain may be used.

(10) The canteen building as well as the surroundings should be maintained in neat, clean and
hygienic manner. There should be arrangement for disposal of dirty water through a covered
drain and this water should not be blocked which may cause uncomfortable situation.
Appropriate measures should be taken for collection and disposal of waste.

71. Canteen Appliances. – (1) There should be arrangement and maintenance of appliances
necessary for proper operation of the canteen, including utensils, spoons/cutlery, furniture and
other appliances. The workers who serve food should be provided with special uniforms and
those should be maintained in neat and clean condition.

(2) The furniture, utensils and other appliances should be maintained in neat, clean and hygienic
manner. All food products to be served in the canteen should be maintained and served in such a
way so that it is not exposed to mosquitoes, flies and dust or any other kind of
pollution/contamination. If there is an arrangement for service counter, it should have a surface

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made of smooth and impenetrable material. There should be arrangement for appropriate
facilities including supply of hot water for washing the utensils and other appliances.

72. Food Price. – (1) The supplied food, beverage and other products in the canteen should be
sold on nonprofit basis and the standard and price of these products should be determined and
approved by the canteen management committee. The canteen should serve nutritious food.
Provided that, the canteen committee in consideration of list of food shall prioritize the
healthiness of the food, standard and nutritious value.

(2) The price list of the food, beverage and other products served in the canteen should be
displayed openly in the canteen.

73. Canteen Management Committee. – (1) The canteen management committee shall be
constituted with persons nominated by the employer and an equal number of persons nominated
based on the opinion of the majority of the workers, under the supervision of the welfare officer
of the establishment.

Provided that the representative of workers in the committee shall not be less than 2 (two) or
more than 5 (five) persons, in any case. If there is a CBA in the establishment, they shall
nominate the workers’ representatives. In the absence of CBA, the existing trade union
organization or trade union organizations shall nominate equal number of workers. In absence of
trade union organization, the participation committee shall nominate the workers’ representative.

(2) The employer or the welfare officer authorized by the employer shall supervise the activities
of the canteen management committee.

74. Consultation with management committee. – The employer or the officer authorized
thereby shall consult with the canteen management committee regarding the following matters:

(a) The standard and amount of the food products supplied by the canteen;

(b) Determination of the menu and food price;

(c) Timeframe of having food in the canteen; and

(d) Other matters necessary for sound operation of the canteen.

75. Dining room. – According to Section 93 of the Act –

(1) The canteen shall have capacity of at least 15 percent of the total number of workers working
in the factory at the time. There shall be arrangement for enough number of tables, chairs or
benches with impenetrable surface in accordance with the number of workers:

Provided that, the Inspector General may change the percentage rate in consideration of special
circumstances of the capacity in the dining room through written directions.

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(3) 1 (one) part of the dining room and service counter shall be separated with screen partition in
accordance with the ratio of the women workers.

76. Standard of the restroom and the dining room. – The design, standard and size of the
restroom of the dining room should be approved by the Inspector General or any Inspector
authorized thereby.

77. Children’s room. –

(1) The design, standard and location of the children room or separate building or extension to be
constructed for children should be approved by the Inspector General or any inspector authorized
thereby.

(2) The floor and 1.22 meter of the inside wall of the children's building should be constructed in
such a manner so that it has a smooth and impenetrable surface.

(3) Supply of milk and other food: An amount of 0.25 liter milk and adequate nutritious food
shall be supplied every day for all children staying in the children's room.

(4) The uniform of the employees of children room: The employees of the children’s room
should be supplied with neat and clean uniforms for their duty time in the children's room.

78. Washing facilities. – Arrangement shall be made for washing and dress changing for the
children near the children’s room or at an adjacent place. The washing room should have the
following facilities:

(a) The floor and the inside wall till a height of 1 (one) meter should be constructed in such a
manner so that it has a smooth and impenetrable surface. The room should have adequate
lighting and ventilation. The floor should be connected with an effective drainage system and it
should be neat and clean.

(b) There should be a basin or similar pot with adequate supply of water usable by 5 (five)
children at the same time. 5 liters of water for every child should be supplied everyday through
tap, if practicable.

(c) There shall be sufficient clean clothes, soaps and towels for every child.

79. Recreation and education facility in tea gardens. –

(1) Arrangement for water in the workplace: (a) In every tea plantation there shall be
arrangement for adequate water supply for all workers at a convenient place at the workplace.
For this purpose, 1 (one) tube well shall be installed or supply of pure drinking water shall be
ensured at the leaf weighing center of every section.

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(2) Toilet and wash room at workplace: (a) There should be necessary number of separate
toilets and washrooms of determined standard at a convenient place of the leaf weighing center
of every section for male and female workers of a tea plantation.

(b) Every toilet and wash room constructed in accordance with Sub rule (a) shall be maintained
in a neat, clean and hygienic manner.

(3) Recreation facilities. – (a) Every employer, in consultation with workers’ representatives,
shall make arrangement for recreation center or centers at a place convenient for the workers in
every tea plantation. There shall be arrangement for appropriate indoor and outdoor games and
other recreational activities.

(b) If there is any open space within a reasonable distance, arrangement for a playing field may
be made with necessary outdoor games accessories.

(4) Educational facilities for workers’ children. – (1) Every employer, in consultation with
workers’ organization (if there is any), shall make arrangements for a primary school for the
purpose of providing free primary education to the children of the workers. The school shall be
established within a distance of one and half kilometer from the residential area of the concerned
workers and to provide adequate place, furniture and other necessary equipments for admission
and educational purpose of all children of workers between six and twelve years. One qualified
teacher or in the same ratio shall be appointed for every 40 children in such school.

Provided that, if there is any school with arrangement for admission of workers’ children
between the age of six and twelve years under direct management or if there is any primary or a
higher level school run by a local organization for the purpose of providing free education and if
such school is within a distance of one and half kilometers from the residence area of the
workers, the employer will not have to established a separate school.

Provided further that, the employers can jointly establish the educational institution or school.

(b) The education curriculum, duration, standard and syllabus of the course should be similar to
the curriculum, duration, standard and syllabus of the course of any school under the primary and
higher secondary education board.

80. Crèches/child home in the tea garden. – (1) In every tea plantation there shall be
appropriate a room or rooms for the children below the age of 6 (six) years of female workers.

(2) Such a room or rooms should have arrangement for accommodation, adequate ventilation and
it should be maintained in neat, clean and hygienic manner and it should be under the
supervision of an experienced woman trained in child care. Such room or rooms should be of
adequate standard–

(a) The environment should be favorable for comfortable stay for the children brought therein.

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(b) There shall be effective arrangement to protect the children from the unfavorable weather and
there should be arrangement for fan, if necessary.

(c) There shall be arrangement for toilet, washing facilities and potable water container.

(3) The employer shall make arrangement for free milk or snacks every day for such children.

(4) The employer shall make arrangement for appropriate toys and furniture for the use of the
children.

81. (1) Medical facilities in the tea garden.-In every tea plantation, there should be inpatient
and outpatient medical treatment facilities for the workers and their families and for that purpose,
hospital or dispensary should be established in the prescribed manner. In emergency situations,
the workers shall receive medical treatment facility at their homes and in such cases, the doctor
engaged in such hospital or dispensary shall go to the worker's house and provide medical
treatment.

(2) Provision for periodical medical checkup: The employer of every tea plantation where 500
or more workers are employed shall make arrangement for medical checkup of the workers at
least once a year.

(3) Garden hospital:

(a) In a tea plantation where there is less than 400 workers are employed, subject to the approval
of the Inspector General, there shall be a dispensary under the supervision of a full-time medical
assistant and 1 (one) trained midwifery and there shall be a specific number of beds approved by
the Inspector General:

Provided that if no medical staff is found, the employer shall, subject to the approval of Inspector
General, shall appoint a qualified full-time compounder. However, a qualified medical
practitioner of a hospital near the garden should visit such dispensary at least once a week.

(b) An employer who employs more than 400 workers or establishes a garden on 400 acres of
land shall establish a hospital in such a garden. 1 (one) full-time medical staff should be in the
hospital to provide 24 hour medical treatment to the workers:

(1) One qualified medical staff or one trained doctor for every 401 to 750 workers;

(2) One qualified full-time medical practitioner with MBBS degree for every 751 to 1,500
workers;

(3) One trained nurse or qualified dresser for every 700 workers;

(4) One qualified compounder for every 1,500 workers; and

(5) Onetrained midwife for every 1,500 workers:

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Provided that if the medical staff is appointed before the commencement of these Rules, even if
they are not qualified they shall remain in employment until the expiration of the age limit.

Provided further that where there is a provision for appointment of more than one medical
practitioner, endeavor shall be made to appoint at least one female medical practitioner.

(c) In every garden hospital there should be at least 4 beds. However, one bed shall be increased
for every 100 workers exceeding 400. An area of at least 60 square feet should be allocated for
every bed. In cases of emergency, the employer after informing the Inspector General may make
the provision for floor area flexible.

(d) The garden-hospital shall have the following arrangement:

(1) General ward for male patients;

(2) General ward for female patients;

(3) 1 (one) separate delivery room;

(4) 1 (one) separate ward with toilet facilities for contagious diseases;

(5) Separate department including covered waiting place for outpatients. It will be better if it is
separate from the general ward;

(6) Separate room for examination of patients in privacy;

(7) 1 (one) for minor surgery and dressing;

(8) Store room for dispensary medicines;

(9) Neat and clean kitchen and appropriate arrangement for washing;

(10) Staff quarter;

(11) Clinical laboratory;

(12) X-ray department; and

(13) Physical therapy Department:

Provided that if the employer can make satisfactory arrangements in any other hospital approved
by the Inspector General, he shall not have to have x-ray and physical therapy departments.

(4) Group hospital of Tea plantation:

(a) Employers my jointly establish a group hospital. The plan and design for the group hospital
should be approved by the Inspector General.

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(b) The number of beds in the group hospital should be as follows, in accordance with Rule 81
(3):

Provided that the Inspector General may determine the number of beds.

(1) 1 (one) general ward for male workers;

(2) 1 (one) general ward for female workers;

(3) Separate maternity ward with delivery room;

(4) Separate department including covered waiting place for the outpatients. It will be better if it
is separate from the general ward;

(5) Separate room for examination of patients in privacy;

(6) Store room for dispensary of medicines;

(7) Surgery room;

(8) X-ray department;

(9) Physiotherapy department;

(10) Dental department;

(11) TB and VD clinic;

(12) Clinical laboratory;

(13) Kitchen made in a way so that mosquitoes and flies cannot enter and laundry;

(14) Staff quarter;

(15) Graveyard and post-mortem examination room:

Provided that if the employer can make satisfactory arrangements in any other hospital approved
by the Inspector General, he shall not have to have x-ray and physical therapy departments.

(d) In every group hospital, there shall be adequate number of medical practitioners and other
arrangements as determined by the Inspector General. All doctors of the group hospital should
have approved medical degree.

(e) In one group hospital have more than 100 beds, there shall be at least 2 (two) nurses for every
ten beds.

(f) In every garden and group hospital there shall be 1 (one) ambulance with appropriate
appliances:

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Provided that if the workers join a group hospital, the Inspector General may exempt them from
all the provisions of this rule of Sub rule (3).

(5) Equipment and drugs: The Inspector General in consultation with the public health
department of the government/Directorate General of Health Services shall determine the
amount of necessary appliances, injection, medicine and equipment in every dispensary, garden
hospital and group hospital.

(6) Medical records: The medical officer in charge of every dispensary, garden hospital and
group hospital shall maintain medical records for every patient under treatment or provided
treatment there under.

(7) The annual return related to the operation of health center should be sent in Form no. 81 (i)
in accordance with Rule 344.

82. Housing facility in tea plantation: For the purpose of Section 96 of the Act –

(1) Housing arrangement of tea plantation workers:

(a) Every employer shall make arrangements for free housing for every worker and his family
residing in the tea plantation. Such housing should be constructed in a dry place as near as
possible from the workplace of the worker and there should be arrangement for supply of potable
water. These houses should be at a safe distance from bil (water body) and marsh lands. It should
be constructed at a higher place so that flood water does not enter into the houses. Every year
such “Mirtinga Type” houses should be constructed for at least 10% of the workers residing in
the tea plantation. The workers shall not be liable for any rent or any value payable in exchange
of the housing facility provided by the employer:

Provided that the government may, in accordance with opinion from the Inspector General, for
satisfactory reasons recorded in writing, make the provisions for construction of such “Mirtinga
Type” houses flexible.

(b) 2 (two) copies of the housing plan for every worker should be submitted to the Inspector
General. The following matters should be included in such plan:

(i) Detail statement on the time period within which the housing arrangements shall be made;

(ii) Design of “Mirtinga Type” houses in the area of at least 32 meter square;

(iii) System and procedure related to the allocation of houses for the workers and taking
possession of the houses by the workers; and

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(iv) Design of place and room of the workers including the management of electric light and
water supply.

(c) Potable water facility in residential area:

(i) In order to ensure potable water, the employer shall make arrangement for at least 1 (one)
tube well or covered pucca well for every 25 families. There shall be 2 (two) manual pumps in
the well and there shall be at least 1 (one) suchpucca well for every 50 families residing in the
workers colony.

(ii) Necessary arrangements should be made to keep the water and the water lifting pot/bucket
germ free.

(iii) Open wells or water bodies which are used for potable water should be maintained in such a
way so that the water does not get polluted.

(iv) Surroundings of the place where the workers are provided with potable water should be
maintained in a hygienic, neat and clean manner.

(v) The inspector may direct the employer in writing to collect a report from certifying medical
practitioner regarding whether the supplied potable water is appropriate or not.

(2) Maintenance of the residence of the tree plantation workers: The employer of the tea
plantation, at his own expense:

(1) In order to keep the houses appropriate and safe, shall make necessary arrangements for
necessary repair and proper maintenance of the houses; and

(2) Shall make arrangement for adequate lighting in the area where the residential houses have
been constructed; and

(3) Shall properly maintain the roads and drainage system of the residential area.

(3) Conditions of possession of residence of the tea plantation workers:

(a) Any worker, who has been allocated a house,-

(i) Shall not alter any part of the house without approval;

(ii) Shall not exchange the housing facility with anyone except the possessor of any house,
without written approval of the employer;

(iii) Shall not let or sublet the house or any part thereof to any other person; and

(iv) Shall not keep any cattle in the living room or in the veranda of the living room.

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 (v) The residential facility for tea garden workers shall be provided by the leaser of the
garden land that meansby the owner of the tea garden. No construction work shall be made
by any of the worker or employee except owner of the tea garden.

(b) Every person residing in the house shall use the sanitary toilet provided by the employer,
keep the house and the areas adjacent thereto neat and clean and shall not waste potable water.

(4) Wash room:

(a) By Every employer shall keep arrangement for sufficient number of toilets for the use of the
workers who have been provided housing facility and for the members of his family.

(b) The toilets should be established in a convenient place so that the family members can use it
at ease.

(c) Every toilet shall have a cover and there should be necessary arrangement for doors and
locks.

(5) Vacating a house:

(a) A worker shall leave the house allotted by the employer within one month of his
retrenchment, transfer or termination of employment.

(b) If a worker dies or retires, his family may keep 3 (three) months such allocated house in their
possession.

(c) If any worker resigns, he shall leave the house within a period of 2 (two) months from such
resignation.

Provided that, if any of the family members of such resigned worker are employees in the same
garden, he may keep such house in his possession.

(d) If any worker is dismissed or removed from his employment, he shall leave the house
provided by the employer within a period of 1 (one) month;

(6) Eradication of inconvenience: If any inconvenience arises regarding the implementation of

the provisions prescribed in Rules, the employer shall inform the Inspector General in writing
and the decision of the Inspector General shall be final in this regard.

83. Supplying daily necessities for tea plantation workers: According to Section 97 of the
Act, the employer shall, in consultation with the workers’ representative, facilitate the
establishment of a co-operative store for daily necessities in his garden.

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84. Medical care for newspaper workers:

(1) According to Section 98 of the Act, there should be inpatient and outpatient medical care
arrangements, at the cost of the establishment, for newspaper workers working in every print and
electronic media and their dependents.

Provided that in case of medical treatment for a newspaper worker the amount shall not exceed
two lakh taka (200,000 taka) and for the treatment of his dependents, one lakh taka (100,000
taka).

(2) Every employer of a newspaper establishment shall make arrangements for examination of
every worker employed at his establishment by a registered medical practitioner at least once in a
year.

(3) In cases where medical treatment provided by the employer of the newspaper establishment
is not adequate, the worker may, by taking prior approval from his employer, receive medical
treatment from any appropriate hospital within the country at the cost of the employer.

(4) If any newspaper worker gets injured or wounded or affected by occupational disease while
performing his occupational responsibility, the employer shall bear the expense of his medical
treatment until he gets cured.

85. Introduction of mandatory group insurance:

(1) The employer of every establishment, to which Section 99 of the Act is applicable, shall
introduce group insurance for every worker in his establishment. This insurance shall be
applicable in case of the death or permanent incapability of the workers.

(2) In order to introduce such insurance, the employer may enter into a contract with any existing
established insurance company in the country approved by the Government.

(3) The employer shall pay the annual premium of such insurance and no deduction can be made
from the wages of the workers for this reason.

(4) In case of the death of a worker for any reason during his employment, the money from such
insurance shall be paid to the persons nominated by the worker or his legal successor/heir.

(5) The annual premium of the insurance and the insurance money shall be exempted from
income tax.

(6) The financial benefit accrued from the group insurance prescribed in this Rule shall not be an
alternative to any other financial entitlement prescribed elsewhere in the Act.

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 CHAPTER IX
WORKING HOUR AND LEAVE

86. Daily Work hours

(1) Daily working hour.- Not withstanding anything contained elsewhere, the daily working
hours for an adult worker shall be 08 (eight) hours, excluding breaks for food and rest. A worker
shall be allowed to work for 10 (ten) hours subject to the payment of overtime allowance in
accordance with Section 108 of the Act. However, the consent of the worker must be decisive in
this regard and he should be informed at least 2 (two) hours before the starting time of the
overtime period. If in any establishment where any existing contract or settlement or custom
regarding working hour, additional work and overtime which is more favourable for the workers,
such arrangement shall continue.

(2) Working hour for workers in construction, re-rolling, steel mills, ship breaking, welding
and any other work with physical risk and hard work:

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(a) No worker engaged in the above-mentioned industries and any work mentioned in Rule 54
associated with physical risk, excessive heat and hard work, shall be allowed to work or made to
work without taking rest for half an hour every two hours. Provided that the employer shall not
deduct his wage on account of such rest required by Section 101 (d) of the Act.

(b) The employer shall not make any worker work with a task which is associated with physical
risk, excessive heat and hard work at any of the industries mentioned above and in Rule 54 for
more than 10 (ten) hours per day including overtime.

87. Weekly holiday of factory or industry. –

The weekly holiday of any factory or industry in accordance with the provisions of Sections 103
and 114 of the Act shall be counted as the weekly closure for that factory or establishment.

Provided that the Inspector General may, in public interest, determine area based weekly
holidays for any factory or establishment by publishing a notice in official gazette. Such closure
shall be operated by the employer with the help of family members and it shall be also effective
in the factory/establishment where no worker employed in exchange of wages.

88. Compensatory weekly holiday. –

(1) If it becomes impossible to grant holiday to any worker in accordance with Section 103 of the
act, such worker shall be granted compensatory weekly holiday within the following 03 (three)
working days from such entitled holiday. No worker shall be made to work for 10 (ten)
consecutive days without a weekly holiday.

(2) Any compensatory weekly holiday accruing to workers who received exemption in
accordance with the provision of Section 104 of the Act shall be allowed such compensatory
leave within the following 30 days from such accrual.

(3) The manager of the establishment shall hang a notice regarding such holiday on the notice
board in accordance with Section 104 of the Act at least 07 (seven) days prior to the starting of
such compensatory leave for the workers.

(4) If the employment or any worker is terminated before availing the due compensatory holiday,
he will be provided with full wages for the un-availed compensatory weekly holiday along with
other dues.

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(5) The owner of the establishment shall maintain a register of compensatory leave in Form no.
33. That register should be preserved for 03 (three) years from the date of last record of any
information and that should be produced before the inspector on demand.

89. The process of calculating the general rate of hourly wages for the requirement of
overtime. –

(1) In absence of any other kind of contract between the employer and the worker, the
calculation of the general rate of hourly wages of the workers overtime work, payable in
accordance with Section 108 of the Act, should be calculated in the following manner:

(a) 1/8 of his daily wage, in case of workers appointed on daily wage basis;

(b) 1/48 of his weekly wage, in case of workers appointed weekly wage basis;

(c) 1/208 of his monthly wage, in case of workers appointed on monthly wage basis;

• Note: One month will consist of 52 ÷ 12 X 48 hour = 208 hours.

• Rate of per hour overtime allowance = monthly basic wage + dearness allowance + ad
hoc and interim allowance X 2 X overtime hour/ 208.

(2) If the workers employed in any establishment are made to work overtime, the employer of
that establishment or any person authorized thereby shall sign the card or slip given to the worker
after mentioning the amount of overtime and deliver it to the worker after his work.

(3) No worker, employed in any establishment on monthly or weekly wages basis or on

temporary basis or contractual basis or piece rate basis, shall be set with a production target
which results in breach of Section 100 of the Act. [daily hours]

(4) The account of overtime work should be preserved in a register in Form no. 34.

90. Working hour of women workers. –

(1) If the employer intends to make any woman worker work between 10 PM to 6 AM, he shall
be required to acquire written consent from such worker in Form no. 35. It shall be effective for
12 months if not withdrawn by the concerned woman worker. The application for withdrawal of
such consent should be made in Form no. 35 (A).

(2) The information regarding the consent of the woman worker to work in the night shift should
be maintained in the register prescribed in Form no. 36.

91. Conditions for permission to work in more than one establishment of dual
employment.-

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The Inspector General or any inspector authorized thereby shall follow the following conditions
while providing permission, in accordance with the provision of Section 110 of the Act, to a
worker for working in more than 1 (one) establishment in the same day: –

(a) The establishments should be under the same employer;

(b) No worker shall be made to work for a period exceeding the timeframe prescribed in the Act;

(c) The interim time for going from 1 (one) establishment to another establishment shall be
counted as working hour; and

(d) The worker shall be provided with overtime allowance for the additional working hours in
accordance with the Act and considering the situation, the employer shall arrange vehicle for the
worker or bear the expense of transportation.

92. Notice for hours of work for adult worker. –

(a) The notice for hours of work for adult worker should be approved by the inspector in Form
no. 37, 37 (A) or 37 (B) according to the situation. After the approval of such notice by the
inspector, arrangement should be made to exhibit a copy of such approved notice at a place
which is easily visible to all the workers.

(b) The approved notice shall be preserved and it should be maintained ready for audit/inspection
by the inspector.

93. Casual leave. –

While taking a causal leave under Section 115 of the Act, the worker concerned may include the
weekly or festival holiday before or after that leave if so wishes which shall not be included with
the casual leave. However, if any weekly holiday falls during a long casual leave or sick leave
then that leave shall be included in original leave.

94. Annual leave with wages.-

(1) While calculating the annual leave or earned leave in accordance with Section 117 of the Act,
the attended days of the worker in the previous 12 (twelve) months should be taken into account.

(2) Any worker who intends to receive cash money against his unspent earned leave, shall not be
allowed to cash more than half of his earned leave at the end of the year and such cashing can be
done only once in a year.

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(3) While calculating the wages for leave during cashing, it shall be done on the basis of Section
119 (1) of the Act.

(4) If any worker dies before availing his leave with wages, his wages for leave shall be paid to
his nominee or legal successor.

95. Leave book. –

(1) The employer or manager shall provide the workers with a book called leave book with
Form no. 9 which is similar to his register of leave. The leave book shall be the property of the
worker and the manager of the factory or his representatives thereof cannot take it from the
worker except for the purpose of filling up relevant matters when necessary or cannot keep it for
07 (seven) consecutive days. All entries in the leave book shall be written clearly with ink and it
shall be incorporated with updated information.

(2) If any worker loses his/her leave book, the Manager shall supply him/her with a new leave
book and shall incorporate all his/her details in the new book.

(3) If any establishment preserve records of leave on a computer, then a printout of that shall be
considered as a leave book.

96. Granting leave to workers who belong to the same family. –

(1) Considering the situation, as far as possible, workers who belong to the same family, for
instance, husband, wife and children should be granted leave in accordance with Section 115 of
the Act on the same day.

(2) Subject to the approval of the manager of the factory, 1 (one) worker can exchange his leave
with another worker.

(3) The word ‘year’ in Section 115 and Section 117 of the Act shall mean year of Gregorian
calendar.

97. Festival holiday. –

(1) Every worker employer shall, in consultation with the CBA of his establishment (if any),
determine the festival holidays of the following year within 31st December of every year which
shall not be less than 11 (eleven) days. The employer shall display the list of holidays on the
notice board for the information of all the workers of the establishment and shall send a copy
thereof to the concerned inspector.

(2) If there is no CBA, the employer shall, according to the recommendation of participation
committee, determine the list of holidays.

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(3) In any establishment where neither the CBA nor the participation committee is present, the
employer shall determine the list of holidays in consultation with the workers as far as possible.

CHAPTER X
WAGES AND PAYMENT THEREOF

98. Wages and maintaining record thereof. –

(1) A record of the payment of wages of all workers employed in every factory or establishment
should be maintained in Form No. 38. This record should be maintained according to the serial
number of the workers in the workers’ register and wage-period. It can be maintained on a
computer as per the convenience of the person responsible for the purpose of payment of wages.
However, while making the payment of the wages to the workers, the signature of the workers
should be collected on a printed copy with revenue stamp.

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(2) If any worker is willing to receive his/her wages in his/her bank account, the owner shall
issue a bank cheque or a bank transfer to the worker and shall also issue a salary slip. In that case
required assistance shall be made available for opening and maintaining bank accounts by
women workers.

(3) In every wage-period, prior to payment of wages, the employer shall provide a wage slip to
every worker in accordance with form no. 38 on which the amount of wages, overtime
allowance, deduction (if any) and net payable wages should be mentioned.

(4) In every establishment, prior to appointment of any kind of workers to perform any work, the
wages thereof should be declared. Wages should also be declared during appointment of workers
appointed on contractual or piece rate basis.

Provided that, if preparing a sample is required in accordance with piece rate, his wages should
be declared right after the sample is prepared

(5) Workers employed in every factory or establishment who have completed one year of
uninterrupted shall be provided with two festival allowances or bonuses every year.

(6) The calculation of wages on piece rates shall as following:-

a) The mid-level managers of the factory having primary understanding from workers
through floor in-charges and in consultation with higher management shall determine
wage on piece rates.
b) While paying wages on piece rates every worker shall be issued a pay slip. The pay slip
shall contain details of wages as per items.
c) There shall be scopes for reconsideration by the management if any dispute arises on the
piece rate from any side.
d) For partial work, if there is gap in minimum wages against the prescribed grade, the
employer shall supplement that.
e) Due to lack of work if a worker is entitled to get a wage lower than as prescribed in the
designated grade despite of presence of all work days of a month, then the factory
management shall have to supplement that. The wages payable as per the grade and or
wages on piece rates whichever is higher that shall be paid to the worker.
f) If there is no work in the factory then the workers shall be paid the basic of the wage
prescribed by the grade.
g) The Department of Inspection for Factories and Establishments shall monitor whether the
above-mentioned Rules on piece rates are properly implemented.

99. Time of payment of wages and notice thereof. –

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(1) The manner in which the wages of the worker have been determined, be it monthly or weekly
or daily or contractual or piece rate basis, should be informed to the worker through notice and
the time and manner of payment should also be mentioned therein.

(2) The employer or paymaster, after fixing the dates for the payment of workers’ wages, shall
publish it through a notice written in Bengali at least 10 (ten) days prior to those dates and should
display it at the entrance of the establishment or any open place near the entrance;

(3) If the notified date is required to be changed for any special reason, another notification
should be issued immediately, stating the reason for such change and the following date of
payment. However, this change of date should be at least 03 (three) days prior to the fixed date
and that shall not exceed the timeframe prescribed by law.

(4) If there is any discontinuance of employment of any worker due to retirement or

retrenchment, discharge, removal, dismissal by the employer or any other reason, due wages of
such worker should be paid within 07 (seven) working days of such discontinuance. The
compensation and other dues should be paid within a period of maximum 30 (thirty) working
days from the discontinuance of the employment.

100. Mutual settlement regarding wages and other dues. –

(1) Any claim regarding payment of wages or other dues which any worker is entitled to or any
illegal deduction shall be communicated to the concerned employer, either by the worker himself
or by the Collective Bargaining Agent which has been appointed by the worker to represent him.

(2) After receiving the claim, the employer shall take effective measures to settle the matter
within the following 10 (ten) days.

(3) If the employer fails, as prescribed in Sub-Rule (2), the claimant worker shall, for the purpose
of settling the matter, communicate the same in writing to the Inspector General or any Inspector
authorized thereby through an application in accordance with Section 124(A) of the Act. The
Inspector General or the Inspector authorized shall take necessary steps with an aim to resolve
the said matter within 20 (twenty) days from the date of receipt of such application and shall
communicate his decision in writing resolving the said complaint within 30 (thirty) days from the
date of taking steps.

(4) For the purpose of the Section 124(A) of the Act, the Inspector General or any Inspector
authorized thereby shall be considered a Mediator or Conciliator regarding the settlement. He,
with an aim to resolve the matter, shall draw his decision hearing parties concerned and
reviewing documents (if any).

(5) The unanimous decision reached by the Conciliator, after consultation of all the concerned
parties, shall be binding on all the parties. However, those decisions of the mediator which were

93
not unanimously agreed by all the parties, the aggrieved party has a right to appeal against that
decision(s) to the Labour Court within 6 (six) months from the date of the decision.

(6) For the purposes of Section 161(3), in case of payment of compensation for any accident, by
the original employer after showing cause any violation of code of conduct on the part of the
contractor, the original employer shall, in order to determine the amount payable by the
contractor, apply to the Inspector General or any inspector authorized thereby within 15 (fifteen)
days of the payment of such compensation at the labour court along with the receipt of such
payment. The Inspector General or the concerned inspector shall examine the contract executed
between the owner and the contractor for the purposes of reaching his decision.

(7) The Inspector General may for the purposes of Sections 124(A) and 161(3), may delegate his
powers to any Inspector(s) of the concerned jurisdiction, by way of executing a written office
order.

(8) If the Inspector General or an Inspector authorized thereof shall issue a notice under Section
124(a) of the Act then the presence of the party concerned shall deemed to be obligatory.

101. The manner of calculating wages in case of unfinished months. –

If the employment of any worker is terminated before the completion of wage-period or if any
worker joins employment after the beginning of the month, in both cases the wages should be
calculated on the basis of his working days including weekly and other holidays. The total wages
including house rent allowance, attendance allowance, medical treatment allowance of that
month shall be divided by the total number of days of the month and multiplied by the number of
days in such duration.

102. Deduction from wages for absence from duty. –

(1) In case of deduction from wages for absence from duty in accordance with Section 126 (2) of
the Act, wages shall mean the basic wages of the worker, dearness allowance and ad hoc or
interim allowance (if any) and the amount of daily wages should be determined by dividing basic
wages of the worker, dearness allowance and ad hoc or interim allowance (if any) by 26 (twenty
six).

(2) “Unreasonable cause” shall mean performing any act to raise any claim not mentioned in the
Labour Act and the company approved policy which has not been raised in accordance with the
Labour Act.

103. Record of deduction from wages for damage and loss. –

(1) For the purposes of Section 127 of the Act, the record of all deductions and their
realization/recovery should be maintained in form no 39.

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(2)The annual statement of wages deduction should be submitted to the Inspector General or any
inspector authorized thereby, after the completion of calendar year in prescribed form within 15th
February of the following year.

104. Advance. –

(1) The amount of advance wages, which have not been earned yet, should not be more than the
potential amount of the following two month’s wages of the person engaged in employment.

(2) The advance wages paid can be recovered within a period of maximum 12 (twelve) months
and the amount of any installment cannot be more than one-third of the wages.

(3)The amount of all advance wages and its recovery should be recorded in prescribed register in
form no. 40.

105. Unpaid wages of a deceased worker and payment of other dues thereof. –

For the purposes of Section 131 (1) (a), 152 (2), 234 and 264 of the Act, every worker shall, for
the purpose of receiving his unpaid wages and other dues in his absence, be required to mention
his nominees in form no. 31. A photograph of the worker and nominee should be attached with
such nomination form. The worker may, if he intends, change such nomination, from time to
time, in the same manner.

106. Submission of unpaid wages of a deceased worker to the court. –

(1) If the deceased worker does not have any nominee or no successor has been found, the
employer shall be require to submit that money at the Labour Court in form no. 42.

(2) The acknowledgement of the money submitted should be issued in form no. 43.

107. Application to the Labour Court for payment of wages. –

According to Section 132 of the Act, if the retrenched worker himself, or in case of deceased
workers upon the application of his successor or any legal representative or inspector on their
behalf, should submit an application to the Labour Court in form no. 44, 44 (A) and 44 (B), as
the case may be.

CHAPTER XI
WAGE BOARD

108. Nomination of representative of the employer and workers in wages board. –

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(1) With a view to nominate representative of the employer’s organization and workers on the
wages board in accordance with sub section (2) of section 138 of the Act, for the purpose of
implementation of Section 138 (6) of the Act, the Government shall ask for nomination from the
organizations with the highest representation in the federations of employers and workers.

(2) In both cases, the nominations should be sought through the Director of Labour. In case of
nomination of representative of any industry, if there is no registered trade union in such
industry, the Director of Labour shall ask for nomination of representatives from the
organizations from among the national federations who have affiliation/relation with such
industry. If no such affiliation/relation can be found, the Government shall nominate such
persons who are capable of representing the owners and workers of such an industry.

(3) If for any reason, the organization with the highest representation does not provide any
nomination of representatives, the organizations with second or third highest representation may
be asked for nomination of representatives.

109. Board meetings. –

(1) The Chairman shall call the board meeting by sending written notice to every member. The
venue and time of the meeting shall be determined by the Chairman.

(2) The meetings will be arranged as frequently as the Chairman deems fit.

(3) If the Chairman is present, he shall preside over the meeting or if he is absent any neutral
member shall preside over the meeting.

(4) According to Section 139 of the Act, the quorum of the meeting regarding the first matter
sent to the board shall be constituted if the Chairman, neutral member, representative of the
employer and representative of the workers is present.

(5) According to Section 139 of the Act, the board shall settle any matter within 06 (six) months
of the receipt of such matter:

Provided that no recommendation of the board shall be void solely for the reason of delay in
delivery thereof.

110. Duration of the working period of the board. –

(1) Unless prescribed otherwise in the Act, the working period of the board members shall be 03
(three) years from the date of the appointment by notification in official gazette. The members

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shall hold their posts, even after the expiration of such duration, until their replacements are
appointed by notification in official gazette.

(2) Any person is eligible to be reappointed even after the completion of his working period.

(3) Any person may resign from membership by submitting a written notice to the Government
and that post shall be considered to be vacant on the date of receipt of such resignation by the
Government.

(4) If any member (except the Chairman) remains absent from 03 (three) consecutive meetings
without taking leave from the Chairman, the Government may declare the post vacant by a notice
in the official gazette.

(5) If it is considered that holding a post by any particular member is against public interest due
to misconduct of such member or any other reason, the Government may remove him from the
membership of the board.

(6) The Government shall fill every vacant post of the board in a manner which does not
prejudice the interests of the board regarding representation.

(7) If any member is appointed to fill a temporarily vacant post, he shall hold the post only for
the remaining working period of his predecessor.

111. Absence of the member from Bangladesh. –

(1) If any board member (except the Chairman) leaves Bangladesh, he shall inform the Chairman
regarding his departure from and arrival in Bangladesh. If he intends to stay out of Bangladesh
for a period of more than 06 (six) months, the Chairman shall inform the Government of the
matter of appointing 01 (one) temporary alternative member for such period.

(2) In cases where the Chairman goes for a long vacation or is sent outside Bangladesh on
deputation, the Government may appoint any other person as Chairman for the period of his
absence, or may direct the neutral member to perform the duties of the Chairman on a temporary
basis.

112. Allowance for the board members. –

All members of the board except the Chairman shall receive allowance for their attendance at a
rate determined by the Government.

113. Appointment of employee of the board. –

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The Government may appoint 01 (one) Secretary and other employees as per necessity. No
officer below the rank of Assistant Director of Labour or Assistant Inspector General shall be
appointed as the Secretary of the Board.

114. Responsibility of the board secretary. –

The secretary appointed in such manner may participate in every board meeting and may, upon
being assigned by the Chairman, assist him in the following activities:

(a) Calling the meeting;

(b) Maintaining records of the meeting minutes;

(c) Implementation of the decisions reached in the meetings; and

(d) Performing other duties as assigned by the Chairman.

Provided that, the Secretary shall not have any power to vote and shall not take part in any
discussion, however the Secretary shall deliver necessary documents and information to the
meeting upon order and direction by the board or the Chairman.

115. Manner of determination of minimum wages.-

(1) The board shall inform by notification in the official gazette, the conditions of the proposed
recommendation regarding minimum wages so that any concerned parties can get the
opportunity to communicate in writing their objections or recommendations with data within 14
(fourteen) days of the publication of such notification.

(2) The board may, after considering the objections or recommendations sent in accordance with
sub rule (1), amend the main proposal or keep the proposal unchanged and make
recommendations to the Government accordingly.

116. Expert and advisor. –

(1) The Chairman, on being requested by the employer or workers, may invite any expert advisor
or, if necessary, any officer of the Inspection Department to participate in the discussion of any
board meeting. However, they shall not have any right to vote.

(2) The expense of the board members and advisers except the Chairman and the neutral person
shall be borne by the concerned party.

117. Settlement of proceedings. –

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(1) The decisions of the board shall be taken based on the opinion of the majority of the members
present at the board meeting and if the number of votes is equal in number, the Chairman may
give a second casting vote.

Provided that if in any meeting, the number of representatives of the employer and the workers is
not equal, the Chairman may, if he thinks necessary, tell them to ‘vote by sides’.

(2) Generally the vote will be collected by raising hands, however, if the Chairman thinks
necessary, the vote may be collected through secret ballot as may be determined by the
Chairman.

(3) The names of the attending members should be mentioned in the meeting minutes and the
Chairman shall determine the procedure of recording thereof. 01 (one) copy of the meeting
minutes should be sent to the members as soon as possible after the meeting.

(4) The minutes of every meeting shall be required to be approved in the following meeting and
shall be signed by the Chairman.

118. Appointment of the committee. –

(1) The board may appoint various committees in order to submit recommendations to the board
after conducting investigation on a particular matter. The board may ask any such committee to
assist the board by submitting recommendations after conducting necessary enquiry in order to
determine the rate of minimum wages of the workers of any area or any category of industries.

(2) In such committee, there shall be 01 (one) member representing the employer, 01 (one)
member representing the workers and one neutral person (who shall be the Chairman).

(3) 01 (one) Chairman for the purpose of drafting investigation shall enjoy the power of the
Chairman of the board in accordance with Rule 109.

(4) Any Chairman or member or advisor or expert appointed in the committee shall have powers
equal to the Chairman or member or advisor or expert of the board enjoys in accordance with
Rule 109.

(5) The Government shall determine the remuneration of the members and Chairman of the
committee.

119. Attendance of witnesses. –

In case of conducting any investigation in accordance with the Act, the Chairman shall have the
powers prescribed in the Code of Civil Procedure, 1908 (Act no V of 1908) for the purpose of
ensuring attendance of the concerned parties and witnesses and production of documents.

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120. Power of the board to collect information, etc. –

For the purposes of the Act, the Chairman or any member of the board or any advisor or expert
properly assigned by the Chairman or any officer working under the board may:

(a) Enter any place or premises used by any factory or industry at any reasonable time;

(b) Summon registers or other documents and receive the testimony of any person on the spot;
and

(c) Collect written information by distributing questionnaires or otherwise.

121. Publicity of the obligation and rate of minimum wages. – (A)

(1) No employer or contractor or management authority can pay to any worker or employee any
wages lower than the rate of minimum wages declared under the Act.

If any employer or contractor or management authority pays to any worker or employee any
wages lower than the rate of minimum wages declared under the Act, the worker or employee
can claim compensation at the rate of 50% of the arrear of wages.

(2) The Government shall take appropriate measures to inform the concerned employers and
workers regarding the rate of minimum wages.

(B) Exhibition of the rate of minimum wages:

(1) The Government shall, whenever it may thinks appropriate, direct the employer to make
arrangement for exhibition of the rate of minimum wages in the form of a notice in
English/Bengali at any factory or any other appropriate place. If necessary the owner shall also
provide such notice in English.

(2) In any internal work or external work where minimum wages are applicable, workers
employed by the employer or contractor, in factories or establishments where they have been
engaged, a notice should be provided mentioning the date of publication and rate of minimum
wages determined by the Government.

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 CHAPTER XII
COMPENSATION FOR INJURY CAUSED BY ACCIDENT

122. Review of monthly wages payable as compensation for temporary disability. –

Application for monthly compensation payable in accordance with Section 153 of the Act shall
be submitted to the Labour Court for review even without medical certificate in the following
cases:

(a) In cases where the right to compensation of worker has been determined by the employer,
worker’s wages have been increased.

(b) In cases where the right to compensation has been determined by the worker, worker’s wages
have been decreased.

(c) In cases where the employer has stopped paying compensation which he began paying
earlier, though the situation of the worker has not changed.

(d) In cases where the rate of existing compensation was determined by fraud or undue influence
or any other unfair means by the employer or the worker.

(e) In cases where any error is found prima facie in the record regarding the determination of
compensation either by the employer or the worker.

123. Manner of application to review compensation. –

(1) If, after examining the application of deduction or suspension of payment of compensation by
the employer, it seems to the Labour Court that there is reasonable cause to believe in such
application, he may after delivering his decision regarding such application, direct the suspension
of such monthly compensation payment fully or partly.

(2) In cases where the application has been filed before the Labour Court in accordance with
Section 154 of the Act, the Court shall determine the total amount by calculating the possible
duration of physical disability. Provided that no fraction of one taka shall be considered in such
calculation.

(3) In cases where sub rule (2) is applicable but the Labour Court is unable to determine the
physical disability, the court may postpone the decision regarding such application, from time to
time, for a period of not more than 02 (two) months.

124. Nomination of heirs to receive compensation. –In order to receive compensation, for
death due to accident in accordance with Section 155 (1) of the Act, the worker shall be provided
with Form no. 41 to nominate is heirs at the time of his appointment.

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125. Payment of compensation amount at the Labour Court. – (1) While submitting the
compensation for death from injury in accordance with Section 155 (1) of the Act, the employer
shall submit a description to the Labour Court and the description should be submitted in Form
no. 46 while submitting any compensation. In both cases the court shall provide a receipt to the
depositor in Form no. 47.

(2) While submitting compensation for fatal accidents, if the employer mentions in the
description under Sub rule (1) that he is willing to be included in the distribution activity, the
Labour Court shall, before distributing the compensation money, give the employer an
opportunity to prove that the person he intends to grant the money is a dependent of the deceased
worker or that he does not have any dependents.

126. Publication of submission list. – The Labour Court shall display on its notice board a list
of money received as compensation in accordance with Section 155 (1) of the Act. The list shall
contain the names and addresses of the depositors and the names and addresses of the deceased
or injured workers for whom such money has been submitted.

127. Application for submission of compensation money in the Labour Court. – (1) In cases
where any employer has not paid or submitted to the Court, compensation in accordance with the
law for any injured or deceased worker or his dependents, the worker himself or any dependent
of the deceased worker or his/her legal representative may submit an application to the Labour
Court to issue an order to submit such money. Such application, as the case may be, shall be
submitted in Form no. 48, 48 (A) or 48 (B).

(2) After receiving such application, the Labour Court shall consider the matter in the following
manner:

(a) If, after completing investigation upon giving an opportunity of hearing to the employer
the Labour Court is satisfied that the compensation money has not been paid or submitted in
the courts in accordance with the Act, he shall direct the employer to submit the
compensation money in accordance with Section 155 (1) of the Act.

(b) After submission of the compensation money by the employer, the court may, in such
manner as may be determined thereby, at any time, direct to send notice to the dependents or
heirs of the deceased worker who have not submitted an application.

(c) No co-heir or dependents of the deceased person shall be deprived of any portion of the
deposited compensation money for by reason of failing to appear before the Labour Court on
the date fixed.

(3) Any employer, while submitting the compensation money in accordance with Section 155 (4)
of the Act shall also submit a description and the Labour Court shall give him a receipt in Form
no. 47.

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128. Handing over and investment of undistributed money. – (1) According to Section 155
(7) of the Act, if no dependent is found within 02 (two) years, the Labour Court shall hand over
the undistributed money to the Worker’s Welfare Fund formed by Worker’s Welfare Foundation
Act, 2006.

(2) In cases where the money deposited in the Court is payable to a legally incapacitated person,
the money deposited to the Labour Court may be invested in any government financial institution
with interest or Post Office for the welfare of the dependents of the deceased worker. When the
heir is legally released from the legal incapacitated, the Labour Court shall deliver the money
with interest to him/them.

(3) The Labour Court shall, in accordance with Rule 150, maintain a record of the measures
taken in accordance with Sub rule (1) or (2).

129. Summoning statement regarding fatal accident from employer. –

Submission of any statement regarding fatal accident to the Labour Court in accordance with
Section 151 (1) of the Act and submission of any report by the employer in accordance with
Section 159 of the Act should be submitted in Form no. 49.

130. Medical treatment of injured worker. – (1) Medical treatment of a worker injured as a
result of an accident at the workplace shall receive medical treatment of the employer at his
expense. Such expense cannot be claimed from the worker.

(2) No worker, who is receiving monthly allowance as compensation, shall be compelled to go

out of his residence for medical examination more than twice in the 01 (one) month following
the accident and more than once in the following months.

131. Decision regarding clarity of injury. –If any dispute arises regarding the clarity or
duration of any injury of the worker, the decision of a registered medical practitioner, of the rank
of associate professor of a medical college, shall be considered as final in accordance with
Section 160 (10) of the Act. The expense incurred for such examination shall be borne by the
employer or the worker, as the case may be.

132. Medical examination after the right to compensation has been temporarily suspended.
– If the worker, whose right to compensation has been temporarily suspended in accordance with
Section 160 (5) and (6) of the Act, applies immediately for medical examination, the employer
shall make arrangements for medical examination of such worker within 03 (three) days of
receipt of such application.

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133. Medical examination of female workers. – (1) If no female medical practitioner is found
immediately, and it is necessary for a male medical practitioner to examine a female worker, the
female worker may, if she intends, have another woman present during such examination.

(2) If no female medical practitioner is found nearby and if any female worker submits the fee
for medical examination by a female medical practitioner, no order can be passed to have her
examined by a male medical practitioner.

134. Manner of settling application regarding compensation. – Unless prescribed otherwise

in these Rules, the Labour Court shall exercise its powers and conduct its proceedings in
accordance with Section 216 of the Act. Besides this, the Court may conduct its proceedings and
decision-making in accordance with the following rules:

(1) Application: (a) Any application mentioned in Section 168 of the Act shall be sent to
the Labour Court by registered post or shall be submitted to the Court or to any officer
authorized thereby for this purpose and the application sent or submitted in such manner
should be in 02 (two) copies and should be signed by the applicant, unless directed
otherwise by the Labour Court.

(b) Such application should be attached with a certificate certifying that the matter described
in the application signed by the applicant is true to the best of his knowledge and belief.

(2) Submission of application before wrong Court: (a) If, after receiving the application
the Court realizes that such application should be submitted before another Court, it shall
return the application with signature and date to the applicant mentioning the reason of such
return and mentioning the appropriate Court before which the application should be
submitted.

(b) If at a later stage the Court realizes that the application should have been submitted to
any other Court; it shall send such application to the Court with appropriate jurisdiction and
shall inform the applicant.

(c) The Court to which the application has been transferred in accordance with Sub rule (b)
shall consider as if the application has been submitted to it in the first instance; if it deems
that this shall not prejudice the interest of any party.

(3) Primary investigation regarding any application: If an application is not rejected in

accordance with Sub rule (2), the Court may, after recording reasonable grounds, direct the
applicant to produce evidence in favour of his application before calling the other party and
if after considering such evidence the Court decides that there are no reasonable grounds for
the such application, it shall reject such application after recording the reason thereof.

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(4) Serving notice to the opposite party: If the Court has not rejected any application in
accordance with Sub rules (2) and (3) mentioned above, the Court shall send a notice to the
opposite party with a copy of such application and the date of hearing.

(5) Appearance and testimony of the opposite party: (a) During the first hearing or
before that, the opposite party may submit a written statement responding to the application
and such written response shall be recorded in the case file.

(b) If the opposite party intends to oppose the claim and if he has not submitted any written
response, the Court shall take his testimony and record a summary thereof.

(6) Framing the issue: (a) After considering any written response and the result of
examination of the parties, the Court shall proceed to determine the issues of fact and issues
of law regarding which the parties are in disagreement separately, and shall record the
matters which are, in his opinion, necessary for adjudicating the matter.

(b) While recording the issues, the Court shall separate the issues of fact and the issues of
law of the case.

(7) Power to suspend the proceedings on issue of fact if any issue of law arises: In cases
in which both issues of fact and issues of law arise in the same case and if the court
considers that the matter can be settled only through the issue of law, the Court may proceed
only with such issue, and the Court, if it deems appropriate, may postpone proceeding on the
issue of fact until the issue of law is settled.

(8) Diary: The Court shall maintain with its signature a diary of the description of the steps
taken on the applications.

(9) Reason for adjournment to be recorded: If the Court considers that settlement of an
application is not possible in 01 (one) hearing, it shall record the necessary reasons for
adjournment.

(10) Judgment: (a) While delivering the judgment, the Court shall mention in brief its
decision for every issue and the reason for such decision.

(b) The Court shall, while signing and putting the date on the judgment, declare its decision
and no amendment shall be made except any mathematical error or any clerical mistake.

(11) Summoning the witnesses: If any party to the proceeding submits any application with
witnesses, the Court may, if it does deems that the presence of such witnesses is necessary,
issue summons to such witnesses to appear in Court.

(12) Bearing or exempting expense: The Labour Court or Tribunal may determine the
expense related to a proceeding or appeal as per its consideration. However, if the Court
thinks that the applicant is unable to pay the determined expense due to financial incapacity,
105
the Court may exempt him from bearing any expense in accordance with Section 221 of the
Act.

(13) Right to access for local investigation: In any investigation regarding any accident
under consideration of the Court, the Court or any officer authorised thereby, for the
purpose of field investigation, may enter the place where the concerned worker was injured
or working.

Provided that the Court may enter any industrial establishment without the approval of the
employer thereof only during the general working hours of such establishment.

(14) Local investigation procedure: (a) If there is need for field investigation regarding
any accident, the Court shall inform the concerned parties through a notice regarding such
investigation. However, the Court or any officer authorized thereby may not inform if it
seems to be impossible considering the urgency of the matter.

(b) Such notice can be written or verbal and if it is related to the employer, according to
S157(5) of the Act, the notice can be issued served upon to the person to whom claims can
be brought submitted or to their representatives thereof.

(c) Any party or their representative may accompany the Court during field investigation.

(d) The Court shall record its findings of the field investigation in a memorandum and shall
show it to the parties if they want.

(e) Such memorandum shall be included in the case file.

(15) Power to take summary testimony: (a) Besides the formal hearing of any proceeding,
the Court may, during the field investigation, interrogate any person who is able to provide
information regarding the concerned accident. Such person may be interrogated even if he is
not summoned as a witness of the case or the parties are absent.

(b) Taking oath shall not be required while taking testimony of any person in accordance
with Sub rule (a).

(c) If the statements collected in accordance with Sub rule (a) are recorded, the statement
providers shall not sign on it.

(d) If the witness, whose testimony has been taken in accordance with Sub rule (a), says
anything which is contrary to the recorded testimony, the Court may draw his attention to
such matter.

(e) In cases where the matter can be settled by the parties in accordance with a contract, the
Court may include any statement recorded in accordance with Sub Rule (a) in the file.

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 (16) Procedure of relevant cases: (a) If 02 (two) or more cases arising from a single
accident are filed before the Court, and if 01 (one) general issue is involved in 02 (two) or
more cases, the witness hearing of such cases shall be conducted simultaneously.

(b) If any measure has been taken in accordance with Sub rule (a), the testimony based on
the general issue or issues should be recorded in the case file and the parties of the
simultaneous cases shall be considered to be parties of the analogous case being heard by
the Court.

(17) The manner of signing in form: Any form, except the receipt of compensation, which
is required to be signed by the Court in accordance with this rules, may be signed by any
subordinate officer authorized thereby for that purpose.

(18) Transfer for report: (a) In case of transferring any matter by 01 (one) Court to another
Court for report in accordance with Section 167 of the Act, the Court shall also send 01
(one) brief description with the relevant questions required for the report.

(b) The Court, to which any case has been transferred for report, shall not be required to
give any report on any question of law.

(19) Where representative must be appointed: If any person included as a party to any
proceeding is below the age of 18 (eighteen) years or incapable of being present in Court,
the Court shall appoint a person, who gives consent to be appointed, to represent such party
for the purpose of the proceeding.

(20) Where a new representative is required to be appointed: If the Court is of the

opinion that, the interest of the party is not being adequately protected by the representative
appointed in accordance with Sub rule (19) or if the person appointed as representative dies
or becomes incapable to perform his duty as representative, the Commissioner shall appoint
any other person, who gives consent to be appointed, as representative.

135. Memorandum of contract form. – The memorandum of contract sent to the Labour Court
in accordance with Section 170 (1) of the Act, shall unless prescribed otherwise by the Labour
Court, be in 02 (two) copies and shall be in accordance with Form no. 50, 50 (A) or 50 (B)
maintaining the consistency with the situation.

136. Manner of registering or not registering the memorandum of contract by the Labour
Court. – (1) After receiving the memorandum of contract, the Labour Court shall, if it considers
that it is reasonable to record the memorandum, upon fixing a date to record such memorandum,
at least 07 (seven) days before the date determined in Form no. 51, issue a written notice to the
concerned parties saying that the memorandum shall be recorded on the date fixed, if no
objection is submitted.

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(2) If on the date fixed, any party appears before the Labour Court and prays to be heard, and if
the Court, after hearing him, determines that the memorandum should be recorded, the Court
shall record the memorandum of contract;

(3) If on the date fixed in the notice, the Labour Court decides that it shall not be reasonable to
record the memorandum, it shall declare its decision and reasons thereof to the parties present
before the Court. And if any party intending to record such memorandum is absent, the Court
shall inform that party in Form no. 51 (A).

(4) After receiving a memorandum of contract, if the Labour Court thinks that there is reasonable
ground for not recording such memorandum, the Court shall fix a date for hearing with the
concerned parties and inform the parties through notice in Form no. 51 (B) or 51 (C) at least 07
(seven) days prior to the date fixed.

(5) If, on the date fixed in accordance with Sub rule (4) the parties present can show enough
cause in favour of recording the memorandum, the Labour Court shall, after informing all
parties, record the memorandum.

(6) If the Labour Court rejects the memorandum on the date fixed, it shall again send a notice in
Form no. 51 (A) to the party which did not get notice in accordance with Sub rule (4).

137. Procedure to be followed after refusal to record memorandum. – (1) If the Labour
Court decides to refuse to record a memorandum of contract in any case, the reasons for such
refusal should be recorded.

(2) If the Labour Court refuses to record any memorandum of contract and does not give the
concerned party an opportunity to show cause, the Court shall not serve any order to pay any
money additional to the money mentioned.

(3) Where a contract for monthly payment has been signed after paying money at a time, if the
Labour Court thinks that the memorandum of contract shall not be recorded because the money
to be paid at the time according to the contract is not sufficient, it shall record an estimated
calculation of the possible duration of disability of the concerned worker

138. Registry of memorandum received for recording. – While recording a memorandum of

contract, the Labour Court shall make arrangement to include it in Form no. 52 and shall record
it in the acknowledgement with his signature in the following manner. After recording, it shall
provide a copy thereof to the concerned parties and 01 (one) copy to himself:

“This memorandum of contract is recorded today on…………………….. (date/month/year),

serial number ………………………….under registration number……………………………….

(Signature)

Labour Court
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139. Sending money to any other authority. – If any money is sent by any authority of
Bangladesh to another authority of Bangladesh in accordance with these Rules, the
acknowledgement should be through receipt of hand over or money order.

140. Sending compensation money to another country. – If in accordance with the Act, any
compensation money or any part thereof is submitted to the Labour Court for the welfare of any
person residing or willing to reside in another country, the Labour Court may, after conducting
necessary investigation, issue an order to send the money to such country.

141. Memorandum for sending. – If the Labour Court issues any order to send any money in
accordance with Rule 139, the Labour Court shall, on its own responsibility, record the order
with brief description of the case and name and address of the persons to whom the money shall
be paid and the Court shall also attest the memorandum.

142. Arrangement by the Labour Court. – If the Labour Court is not the approved authority, it
shall send 02 (two) copies of the memorandum to the authorized authority and may hand over the
money to such authority or may keep it with itself and hand it over as per directions of such
authority. If the Labour Court itself is the authorized authority, it shall make arrangements in
accordance with Rule 143.

143. Arrangements by authorized authority. – If the authorized authority is satisfied that the
memorandum has been completed, it shall send such memorandum and money to the authority
appointed for this purpose, in a safe manner according to its consideration, and if no such
authority is appointed, it shall send it to the authority empowered generally or by special order of
the Government. At the same time, it shall also request the authority, to whom it is being sent, to
take the following measures:

(a) To make arrangement to deliver the money in the manner prescribed in the memorandum; &

(b) To send back a report on the measures taken as prescribed in the memorandum and send back
the money if delivery thereof is not possible for any reason.

144. Forwarding the matter to the Labour Court which is in the jurisdiction of the origin of
the incident.- (1) If the Labour Court from which the matter originated is not the authorized
authority, the authorized authority shall send a copy of the report to the Labour Court by which it
was requested in accordance with Rule 137.

(2) Any money returned in accordance with Rule 143 shall be distributed according to the
provisions of the Act.

145. Handing over the money received from abroad to the authorized authority. – (1) The
authorized authority is the appropriate person to receive the money from the handing-over
authority.

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(2) If any Labour Court or any other government officer, which is not the authorized authority,
receives money from the handing-over authority, it shall either send the money and relevant
documents to the authorized authority or, according to the direction of the authorized authority,
shall make arrangements for distribution of such money with relevant documents.

146. Sending it to the Labour Court. – The authorized authority may send any money or a part
thereof received on being empowered to control it in accordance with Rule 145 to any Labour
Court/Labour Courts for the purpose of distribution according to its consideration.

147. Distribution of money. – The money received from the handing-over authority should be
distributed as far as possible in accordance with this Act and rules:

Provided that if the handing-over authority provides any direction regarding the distribution of
such money, that direction should be followed.

148. Report on distributed money. – (1) The authorized authority shall submit a report
regarding the manner in which the money received from the handing-over authority has been
distributed.

(2) If any Labour Court, which is not the authorized authority has distributed the money, it shall
send to the authorized authority a report (two copies) regarding how that money has been
distributed. If the Labour Court receives such money from another Labour Court in accordance
with Section 167 of the Act, such report should also be sent by that Labour Court.

Illustration: The ‘authorized authority’ described in the Rules of this chapter shall mean any
authority or Labour Court approved by the Government for receiving and distributing
compensation money, and ‘handing-over authority’ shall mean any authority of Bangladesh or
any other country which makes arrangements or causes to make arrangements to send
compensation money payable at a time, in accordance with the laws related to compensation for
the workers, for the welfare of a person who resides or shall reside in Bangladesh.

149. Worker’s benefit fund.– (1) The Labour Court shall, if it thinks necessary, after
investigation, if satisfied that the deceased worker does not have any dependents, it shall transfer
the money to the government Workers Welfare Fund subject to the acknowledgement of receipt
of rest of the money, at least 02 (two) years after the compensation money is deposited with the
Court.

(2) The money of the fund shall be deposited in a bank and bank account shall be opened by the
Labour Court and the money shall be provided in a check signed and stamped by the Labour
Court.

150. Maintenance of the account of the fund. – (1) The account of the fund shall be maintained
by the Labour Court in Form no. 53, and that shall be subject to audit.

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(2) The account shall be required to be submitted to the Government every year and the activities
and account of the fund should be included in the report prepared on the activities carried out by
the Labour Court in accordance with this Chapter.

151. Remittance cost of the transferred money. – If any authority of Bangladesh transfers the
money to another authority in accordance with these rules, the sending authority shall bear the
remittance cost.

152. Sending money to any other authority. – If any authority of Bangladesh transfers the
money to another authority in accordance with these rules, it should be done through hand over
acknowledgement receipt or money order.

153. Registration of case. –

(1) The Chairman of Labour Court shall maintain a register of cases in Form no. 54.

(2) After receiving any application, the Chairman shall include it in the register.

(3) After completion of the case, the Chairman shall include it in the particular column of the
concerned register and sign it upon attestation.

154. Maintenance of record and register of case. –

(1) The register required for Rule 153 should be in Bengali and it should be preserved for 20
(twenty) years.

(2) Records of compensation cases rejected due to non-appearance shall be preserved for 01
(one) year from the date of final order.

(3) The records of compensation cases settled ex-parte on the basis of acknowledgement should
be preserved for 01 (one) year from the final order (if there is any) along with the appeal order or
from the date of payment of such compensation.

(4) If the records of compensation cases settled by competition of the parties are rejected or if
there is no necessity to pay compensation, it should be reserved till one year from the final order,
Apple order (if any). And if the claim has been adjourned either partly or fully, it should be
preserved for 01 (one) year from the appeal order (if any) or date of payment, whichever is later.

155. Maintenance of memorandum of contract. –

(1) Records of cases filed for registration of contract should be preserved for 01 (one) year from
the date of the final order to the appeal order (if any) or from the date of payment of such due,
whichever is later.

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(2) From the date of the final order set-out in Contract Register maintained under sub-rule 1
above, the Contract shall be preserved for 03 (three) years up to the date of the appeal order (if
any) or 3 years from the date of payment of such due, whichever is later.

CHAPTER XIII

TRADE UNIONS AND INDUSTRIAL RELATIONS

156. Application for being a member of a trade union.-

(1) Any worker or employee or employer or union federation intending to join any trade union
organization or federation or confederation of trade unions will require to apply for membership
through form no. 55 (A) or 55 (B) or 55 (C).In the said application there should be a declaration
certifying that he is not a member of any other trade union or federation or confederation.

(2) If any person, after giving such declaration, intends to acquire membership of any other
union or federation of confederation, he cannot be a member of any other union unless he
submits a resignation letter in writing to the previous union or federation or confederation.

(3) If any application made by a worker in accordance with sub rule (1) is received, he should be
issued a certificate in form no. 55 (D) or 55 (E) or 55 (F) mentioning the membership number
of such union or federation or confederation.

157. Requirements for registration.- (1) the application for registration of trade union,
federation and confederation of the trade unions in accordance with Section 179 (1) (c) is
required to be made in form no.56 (A), 56 (B) and 57 (C), respectively.

(2) Certificate of membership should be submitted.

(3) After receiving the registration of/ trade union in a group of establishments, the applicant
shall publish a public notice in form no. 56 (D) at his own cost.

(4) An investigation should be carried out in accordance with Section 176 (e) and Section 179
(2b) of the Act in form no.56 (E).

(5) The description of the officers of the trade union or federation or confederation should be
provided in form no. 56 (F), 56 (G) and 56 (H).

(6) Description of the members of trade union or federation or confederation should be provided
in form no. 57 (A), 57 (B) and 57 (C).

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(7) From application for registration upto delivering registration of the trade union the entire
process can be carried out by using computer and with the help of the internet. However, if this
process is followed, a hard copy has to be preserved.

158. Number of executive committee members.-

(1) According to Section 179 (1) (k) the number of executive committee members of any trade
union shall be determined in proportion with the number of its general members as per the
following ratio:

Number of general members Number of executive committee members

Not exceeding 50 Minimum 5
From 51 To 100 Maximum 7
From 101 To 400 -do- 9
From 401 To 800 -do- 11
From 801 To 1500 -do- 13
From 1501 To 3000 -do- 17
From 3001 To 5000 -do- 25
From 5001 To 7500 -do- 30
From 7501 To More -do- 35

(2) If 20% or more of the total man power or members engaged in the establishment where the
trade union will be formed are women, minimum 10% of the executive committee of that union
should be women.

(3) Sub rule (1) and (2) shall be applicable in case of registration of trade unions formed in a
group of establishments:

Provided that, as far as possible, at least one worker from each institution of the group of
institutions shall be included as a member of the executive committee.

(4) No worker shall be eligible for being a member to the executive committee, unless he is
employed as a permanent worker in the concerned establishment.

159. Maintaining register, accounts book, minute's book.-

(1) each trade union shall maintain the particulars of subscriptions paid by its members in
accordance with Section 181 (a) in form no. 58 (A).

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(2) each trade union federation shall maintain the register of its members after showing an
account of the money received in accordance with Section 181 (a) in form no. 58 (B);

(3) each trade union confederation shall maintain the register of its members after showing an
account of the money received in accordance with Section 181 (a) in form no. 58 (C);

(4) each registered trade union or federation or confederation of trade unions shall maintain an
income and expenditure related account book in accordance with Section 181 (b) in form no. 58
(D) and this account book shall be preserved in bookbinding with serial number on each page or
digitally.

(5) When such subscriptions are received, a subscription receipt with the signature of the
receiver and person paying such subscription shall be issued.

160. Registrar of trade union, federation and confederation of trade unions.- the Director of
Labour or authorized officer, in accordance with Section 182, shall record the ledger of trade
unions in form no. 59 (A), ledger of the federation of trade unions in form no. 59 (B) and the
ledger of the confederations in form no. 59 (C).

161. Certificate of registration.- (1) After receiving an application for registration of any trade
union or federation or confederation, the Director of Labour or the authorized officer if satisfied
that such union, federation and confederation can be registered according to the provision of Act,
he shall direct the applicant in writing to deposit the fee prescribed for certificate of registration
in favour of the Government through chalan (treasury invoice).

(2) the certificate of registration of trade union, federation or confederation of trade unions
issued in accordance with Section 189 shall be provided in form no. 60.

162. Registration fees.- (1) The registration fee of trade union organizations, which shall be
deposited in the government treasury through treasury invoice (chalan) will be as follows:

Serial Type of trade union organization Registration fee

number
1 Trade union 500/-
2 Industry based trade union federation 1,000/-
3 National trade union federation 3,000/-
4 National trade union confederation 5,000/-

(2) The Director of Labour may deliver an attested copy of the constitution or any other
instrument or information of a registered trade union, registered trade union federation or
registered confederation to any of its members or any representative of the employer. For this
purpose 120/-(one hundred and twenty) Taka for first 200 words and 60/- (sixty) Taka for

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additional words or its fractions are required to be deposited to the government treasury through
treasury invoice.

(3) the authority of trade union, federation or registered confederation registered in accordance
with Section 178 of the Act shall be require to deposit 300/- (three hundred) Taka to the
government treasury through treasury invoice for the second copy where the Director of Labour
attests its registration.

(4) For each amendment, the registered trade union, federation or confederation shall be required
to deposit registration fee 600/- (six hundred) Taka to the government treasury through treasury
invoice.

163. Changing name or address.- (1) If any trade union changes its name or the address of its
head office, the President and General Secretary of the trade union concerned shall submit the
certificate of registration to the Director of Labour for its records within a period of 15 (fifteen)
days. Upon any such amendment, the Director of Labour or any officer so authorized shall issue
a new certificate under Section 161 of the Act if they deem fit.

(2) For the purpose of amending the names and address in the Constitution of registered trade
union, federation or confederation, a registration fee of 1,000/- (one thousand) taka shall be
required to be submitted to the government treasury through treasury invoice.

164. Audit.- The annual accounts of registered trade union, trade union federation or
confederation shall be required to be audited by a chartered accountant recognized in accordance
with Bangladesh Chartered Accountancy Order 1973 (PO number 2, 1973);

Provided that, if the number of members of any trade union does not exceed 500 at any time of
the year, the audit may be conducted by any person or persons who is/are not a member of, or
related with, such union but who has previous experience of conducting audits. He shall be
nominated for such work by the executive board of the union concerned.

165. Submission of annual return:- (1) According to Section 201 (1) of Bangladesh Labour
Act, 2006 (amended till date) the registered trade union, trade union federation or confederation,
shall submit their annual return for every calendar year to the Director of Labour in form no. 61
(A) and 61 (D), 61 (B) and 61 (D) and 61 (C) and 61 (D) within or before 30th April of the
following year. After verification of the annual return so submitted, the Director of Labour or the
authorized officer shall communicate his decision.

(2) If the registered Trade Union fails to submit returns for two consecutive times and the trade
union federation or confederation did not submit returns for three consecutive times then the
Director of Labour or designated Official shall issue an order with a timeframe of 30 days to
submit the return. If there is a failure to comply with that order, then the Director of Labour or

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designated Officials shall apply to the Labour Court seeking permission to cancel the registration
of the trade union, trade union federation or confederation.

(3) The application for registration or filing of annual return may be done online with the help of
a computer. However, in such case hard copies of all activities have to be preserved.

166. Determination of Collective Bargaining Agent.- (1) According to Section 202 (2) of the
Act, if the registered unions fails to start the process of election of Collective Bargaining Agent
(CBA) upon nomination of an election commissioner among themselves within a period of not
more than 15 (fifteen) working days from the expiry date of the term of the Collective
Bargaining Agent, the Director of Labour or authorized officer shall make arrangements for
CBA elections, either suo moto or upon the request of the management authority or trade union
authority.

(2) The prescribed timeline in Section 202 (8) of the Act shall mean a period of not less than 15
(fifteen) days.

167. Ballot paper:- There shall be a ballot with the names, registration number of the contestants
and respective electoral signs allocated by the Director of Labour imprinted thereon. If more than
one contestant claims the same electoral sign, the Director of Labour shall decide the matter and
his decision shall be considered as ultimate.

168. Identification letter or identity card for workers casting votes:- (1) while casting his
vote, each worker enlisted in the voter list in accordance with Section 202 (12) must produce
before the presiding officers his/her identity card with photograph, issued by the employer. After
counting the votes, the presiding officer will deliver the identity cards to the representative of the
employer concerned and such representative shall return those to the workers.

(2) each employer, upon being requested by the Director of Labour in accordance with Section
202 (13) of the Act, shall arrange all facilities including financial facilities, but the employer or
the Director of Labour shall not interfere or influence any matter related to the election.

(3) If the presiding officer is not satisfied regarding the identity card of the voter, he may not
allow him to cast his vote in the secret ballot and his decision shall be considered as final in this
regard.

169. Nomination of representatives.- Each contestant trade union may nominate one person as
its representative in each polling booth to be present at the vote collection centre during the
casting of votes in the secret ballot by submitting a written application to the presiding officer of
the center.

170. Declaration of result.- (1) the presiding officer shall sign on the result of the centre
concerned after counting the votes in accordance with Section 202 (15) (d) and will ensure the
collection of signature from the representatives present there. After that, he shall deliver one

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signed copy of the result to the representatives of the contestant union present there and the local
representative of the employer.

(2) After receiving the results from the presiding officer, the Director of Labour shall declare the
trade union with the highest number of votes as the Collective Bargaining Agent in accordance
with Section 202 (15) (e) in form no. 62.

171. Allocation of office for the Collective Bargaining Agent (CBA).- (A) the employer shall
allocate an office for the Collective Bargaining Agent (CBA) inside his establishment which
shall be easily accessible by the workers, where there is sufficient natural light and air flow, and
which is consistent with the standards of the establishment.

(B) Required number of chair, table, almirah, electricity connection, electric ceiling fan and light,
notice board etc. as per the seat numbers mentioned above shall be provided by the employer.

(C) If any dispute arises regarding the establishment or allocation of CBA office or number of
seats of furniture, the Director of Labour shall take appropriate measures in consultation with
both parties.

172. Formation of participation committee.- (1) The employer of every establishment, in

which at least fifty workers are ordinarily employed, shall constitute a participation committee in
his establishment within 3 (three) months of starting the activities of such establishment.

(2) The total number of members in the participation committee shall not be less than 6 (six) and
more than 30.

(3) The number of members of the Participation Committee shall be determined depending upon
the number of workers in the establishment, in the following manner:

Number of general workers Numbers of Members in the Participation

Committee
51 To 100 Maximum 6
101 To 400 -do- 10
401 To 800 -do- 12
801 To 1500 -do- 14
1501 To 3000 -do- 18
3001 To 5000 -do- 22
5001 To 7500 -do- 24
7501 To above -do- 30

173. Nomination of representatives in the existing participation committee by Collective

Bargaining Agent and trade union.- (1) in order to send workers’ representatives to the

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participation committee, in accordance with Section 205 (5) of the Act, the existing registered
trade unions of an establishment shall submit the names and description of the representatives in
form no. 63 within 10 days of receiving the request from the employer.

(2) During the nomination of representative by the trade union and collective bargaining agent, it
should be ensured that the representative is nominated from various classes, divisions or
branches of the establishment. If there are women workers in any class, branch or division of an
establishment, nomination of the women workers in the participation committee shall be
prioritized.

174. Nomination of employer’s representative in the participation committee.- Generally the

chief executive and the divisional or branch chief or welfare officer shall be the representative of
the employer and where there is no such division or branch chief, the officer in charge of
division or branch or the welfare officer shall be the representative of the employer on behalf of
the establishment. In each case, such representative shall be nominated by the employer.

174.3 Publishing the names of the representatives to be sent to the participation committee.-
Within 7 (seven) days of receiving the nomination from the Collective Bargaining Agent and
trade union, the employer shall form the participation committee through a notice and that notice
shall be hung on the notice board and at the same time, a copy of that notice shall be sent to the
Collective Bargaining Agent, other trade unions of that establishment and the Director of
Labour:

Provided that, afterwards, if there is any reason for the Collective Bargaining Agent or the trade
union to believe that their nominated representative in the participation committee is not properly
performing his duty, or acting in contradiction with the interests of the workers or in a biased
manner, such collective bargaining agent or trade union may send new nomination to such
committee and within 7 (seven) days of the receipt of such nomination the employer may
reconstitute the committee with the coordination of new representatives.

175. Manner of election of workers’ representatives to participation committee in case of

an establishment where there is no trade union.- (1) In case of an establishment where there is
no trade union or Collective Bargaining Agent (CBA) of workers, the management of the
establishment informing the Director of Labour shall provide necessary supports for election of
workers’ representatives to the Participation Committee through a secret ballot. The Director of
Labour, if requested for so, may monitor such election. In conducting activities for such
elections, the employer of the factory or establishment shall not make any influence directly or
indirectly.

3
There is an error in Rule number, 174 is repeated; however, in English translation Rule number is maintained as in
the Bengali version.

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(2) The Election Committee shall forward the list of the elected workers representatives to the
Director of Labour in writing within 10 days from the day of the elections.

176. The election committee.-(1) The workers, informing the management of the establishment
concerned, shall form a committee consisting of 3 to 5 members to conduct the elections. A copy
of the same shall be sent to the Director of Labour.

(2) The committee formed for such purpose shall declare a schedule of the election by notice
with specific dates for preparation of voter lists, submission of nomination paper, scrutiny,
withdrawal, publication of the final list of candidates, allocation of electoral signs and holding
the election:

Provided that, the submission of nomination papers should be completed within a period of less
than 7 (seven) days from the date of such notice, and the election should be held within 7 (seven)
to 10 (ten) working days from the date of finalization of candidates.

177. Qualification of a candidate for being elected as representative in the participation

committee.- (1) Any adult worker, who has worked in the establishment for not less than six
months, may be a candidate for the election through secret ballot to be elected as a representative
to the participation committee:

Provided that, if any establishment is less than a year old, the requirement regarding the job
duration of the candidate shall not be applicable.

(2) The number of representatives to be elected from various classes, branches or divisions of an
establishment shall be determined by the employer. If any establishment has 50 women workers
or the number of women workers is 10% of the total workers, there shall be an arrangement to
elect representatives from among the women workers in proportion with the total number of
women workers.

178. Qualification of voters.- (1) All workers, except the casual, badly (substitute), apprentice,
seasonal workers and workers employed by a contracting agencywho have worked in such
establishment for at least 3 (three) months can vote to elect the workers representatives to the
Participation Committee.

(2) A copy of the voter list shall be exhibited simultanousely on the notice board and other
visible places of the establishment. A copy of the voter list shall be sent to the Director of Labour
or Registrar of Trade Unions.

179. Nomination.- (1) Any voter, for the purpose of electing representatives in the participation
committee, may propose the name of one appropriate qualified voter or supporter.

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(2) the nomination paper provided by the election committee in accordance with Section 205 (6)
of the Act shall be in form no. 64 and that shall be signed by the proposing person, supporter and
the candidate.

(3) Each nomination paper should be submitted to the election management committee by the
candidate or the proposing person or his supporter on the date determined for submission of
nomination or before that date. The committee shall receive the nomination paper through a
written acknowledgement.

180. Scrutiny. – (1) The candidates or the person who proposed his name or his supporter or any
other person authorised by him may be present during the examination of the nomination letters.

(2) The election committee, according to sub rule (1) shall examine the nomination letters in the
presence of all persons present and shall settle any objection raised by any person regarding any
nomination paper.

(3) The election committee may cancel any nomination paper, it is satisfied that:

(A) The candidate is disqualified by the Act or the Rulesfrom being aworkers’
representative, or

(B) Any provision of the Rules related to the submission of nomination papers has not
been followed.

181. Casting vote in the election.- (1) after the scrutiny of the nomination papers, if the number
of nomination papers considered as valid is equal to the number of representatives to be elected,
the election committee shall declare, by notice, all the candidates as elected.

(2) If in any class or branch or divisions the number of candidates is greater than the number of
seats, a vote in secret ballot shall be held on a date specified for election.

(3) While casting the vote, the name of the candidate and his electoral sign shall be mentioned on
each ballot.

(4) During casting of a votea, the candidate or the person who proposed his name or his
supporter or one representative authorised by the candidate may be present there.

(5) After counting the votes, the responsible representative of the election committee shall count
the votes and declare the result in front of the candidates or their representatives and publish the
results with the signature of the present candidate or his representative, to the employer.

182. Officers of participation committee.- (1) The Chief of the establishment shall be the
Chairperson of the participation committee and he will preside over the meetings of the
participation committee.

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(2) The representatives of workers shall elect the Vice President from amongst themselves and
he will preside over the meetings in the absence of the President.

(3) The personnel oficer or the welfare officer or any other officer performing such duty shall be
the employer’s representative in the committee and shall perform the duty of the member
secretary and he will be responsible for maintaining the minutes of the meetings and for calling
the meetings.

183. The notice and minute of the meeting.-Notice shall be given seven days before the date
fixed for the meeting, however in case of emergency meetings, a notice of 24 hours will suffice.
Copy of the minutes of the meeting must be sent to the chief of the establishment, responsible
officer, Collective Bargaining Agent, each union which has their representative in the committee
for the implementation of the decisions. It should also be sent to the Director of Labour.

184. Quorum of meeting.-The quorum will be fulfilled with the participation of 60% of
members from each party of the committee. If any member becomes absent in 3 (three)
consecutive meetings without informing the chairman of the committee, his membership shall be
cancelled.

185. Duration.- (1) The duration of the Participation Committee shall be for two years from the
date of formation.

(2) The next committee shall be constituted within 3 (three) months from the expiry date of the
committee and the existing committee shall perform its duty until the new committee takes
responsibility.

(3) If any member is elected to fulfill a temporary vacant post, he shall be a member till the end
of the working period of the committee.

186. Vacancy.- If a representative of workers is not employed in the establishment concerned or

resigns from his job or loses his membership, that vacant post shall be fulfilled from concerned
class, branch or division.

If one person resigns or gets expelled from any trade union or if the post gets vacant for any
other reason, he shall lose his post in the participation committee. In such case, the trade union
shall re-nominate their representative.

187. Facilities of meeting and assembly.-The employer shall make arrangements for facilities
necessary to organize the meetings and carry out the activities of the participation committee.

188. Formation of unit participation committee.-(1) If a participation committee has been

formed in any establishment, upon the recommendation of such committee, a separate
participation committee may be formed in any branch, division or region of such establishment
where at least 50 workers are employed.

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(2) After receiving such recommendation, the employer shall ensure all arrangements for the
formation of separate participation committee in such branch, division or region.

(3) The rules applicable for the formation and activities of establishment based participation
committee shall be applicable for the formation and activities of the unit participation
committees.

(4) In case of nomination of representative by the trade unions, the nomination shall be given
from the members of such branch, division or region.

(5) Only the workers employed in such branch or division will be the member of such committee
of the branch or division for which the unit participation committee will be formed.

(6) Copies of all reports and minutes of unit participation committee shall be sent to the
participation committee of the establishment.

189. Implementation of decisions and recommendations of the Participation Committee.-

(1) After receiving the recommendations or decisions of each meeting of the participation
committee, the employer or other authority shall take initiatives to implement and give effect to
such decisions or recommendations on an urgent basis. In every subsequent meeting, the
employer or the authority shall communicate the progress of implementation of the decisions and
recommendations of the previous meeting.

(2) The Director of Labour or his authorized officer shall observe, monitor and follow up on the
implementation of the recommendations or decisions of the participation committee in the
concerned industry or establishment. If necessary, he shall take appropriate measures, in
accordance with the law and given power, regarding the decision or recommendation of the
participation committee.

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 CHAPTER XIV
SETTLEMENT OF DISPUTES, LABOUR COURT, LABOUR
APPELLATE TRIBUNAL, LEGAL PROCEEDINGS, ETC.

190. Execution of memorandum of settlement. – For the purposes of Section 210(3) and (8) of
the Act, the memorandum of settlement shall be signed in form no. 65.

191. Arrangement of secret ballot to issue notice of strike. –

(1) Within 15 (fifteen) days of receipt of the certificate of failure in accordance with Section 211
(1) of the Act, the collective bargaining agent (CBA) shall request the conciliator in writing to
arrange a secret ballot in order to issue notice of strike.

(2) The conciliator shall, after the receipt of such request, shall make arrangements for secret
ballot considering the subscription-paying members of the CBA union of such establishments as
voters. The CBA union shall make necessary arrangement for the secret ballot as per the demand
of the arbitrator.

(3) Each ballot paper used for the secret ballot or Electronic Voting Machine shall have two
boxes saying ‘Yes’ or any symbol in favour of strike and saying ‘No’ or any symbol against the
strike. Every member participating in the ballot shall cast his vote by putting a “tick” mark in any
one box or pushing button as of his wish.

(4) The conciliator shall, within 24 hours of collecting the ballots, deliver the result thereof to the
CBA in writing and shall send a copy thereof to the employer and the Director of Labour.

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192. Filing a case before the Labour Court or the Labour Appellate Tribunal. –

(1) A complaint in accordance with Section 33(3) of the Act shall be filed in form no. 14.

(2) A complaint in accordance with Section 132(2) of the Act shall be filed in form no. 44,
44(A), 44(B).

(3) A complaint in accordance with Section 166 of the Act shall be filed in form no. 48, 48(A),
48(B).

(4) Cases in accordance with Section 219 of the Act should be filed in form no. 66.

(5) In cases of other offences, the Inspector General or the Director of Labour or the Controller
of Provident Fund or the management board or any other authority prescribed by the Act or any
officer authorized thereby shall apply on a blank sheet of paper.

193. Nomination of members of the Labour Court. –

(1) For the purpose of appointing members of the Labor Court in accordance with Section 214
(7) of the Act the Government shall call for nomination of appropriate representatives of
employers and workers with experience in Labour Law from national level organizations of
employers and the workers. Separate panels will be formed in every court in order to represent
the employers and the workers. Each panel shall have 06 (six) members.

(2) Every organization which has been requested in accordance with Sub rule (1) shall, within 15
(fifteen) days of receipt of such request, send the name, photo and bio-data of the representatives
for the purpose of inclusion as a member of the panel and Labour Court.

(3) Where nomination has been sought in accordance with Sub rule (1) but has not been made
within the time period in accordance with Sub rule (2), in such cases, the Government shall have
the power to nominate any person to the panel who, in the consideration of the Government, is
able to protect the interests of employers or workers.

194. Resignation by a member. –A person whose name has been included as a member of the
panel of the Labour Court may resign from such membership by sending a written letter
addressing the Chairman. After receiving such resignation letter the Chairman shall send it to the
Government and the resignation shall take effect from the date of receipt thereof by the
Government.

195. Removal of members. – The Government may, by notice in the official gazette, remove
any member from the panel, if he:

(a) in the opinion of the government, has lost the characteristics of representation;

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(b) is convicted of any punishable offence under this Act or any offence related to moral
turpitude;

(c) fails to give his/her opinion in any particular matter even after being requested by the
Chairman of the Labour Court;

(d) has been declared bankrupt; or

(e) remains absent from 03 (three) consecutive sessions of the Labour Court he is a member of,
without informing the Chairman.

196. Filling up a vacant membership. – In case of vacancy due to death or resignation or

removal, the Government shall fill the vacant post within 01 (one) month, in the same manner in
which the main panel was formed. Any member included in the panel in such manner, may
remain a member of the panel for the remaining period.

197. Information regarding absence. – Any member of the Labour Court may remain absent
for 06 (six) months at a stretch after informing the chairman.

198. Allowance. – Any member of the Labour Court shall be entitled to daily allowance, as may
be prescribed by the Government, for participation in the court proceedings.

CHAPTER XV
PARTICIPATION OF WORKERS IN THE PROFIT OF COMPANIES

199. Constitution of central fund for hundred percent export oriented industrial sector
comprising of buyers and employers. –

(1) Within a period of 06 (six) months from the date of enactment of these Rules, for the purpose
of Section 232 (3) of the Act, 2006, the Government shall, in order to ensure sector-based fund
management, constitute a separate “central fund” titled “Central fund for hundred percent export
oriented industrial sector” comprising of buyers and employers.

(2) For the purpose of management of the fund as stated in Sub-Rule (1), the Government, by
notification in the official gazette, shall constitute a “Management Board” comprising of
employers of the concerned export oriented industrial sector and representatives of workers
organizations and employers’ organizations at national level, and individual experts.

(3) Rule 199 to Rule 216 shall be applicable in case of 100% export oriented industrial sector.

200. Management of the fund and office thereof. –

(a) The head office for the Management Board of the fund shall be in Dhaka.

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(b) The board, if requires, may establish a branch office thereof in any place in Bangladesh.

(c) The Government shall appoint a Controller to the Management Board to manage the fund. He
shall act as the Member Secretary to the Management Board as well. Any official may be
appointed temporarily to perform the duty as the Controller until the appointment of the same is
done by the Government.

(d) For the purposes of the management of the fund, there shall be required personnel under the
Controller. They shall maintain accounts of the funds.

(e) The Board shall allocate funds for administrative costs of the office of the Controller which
includes the salary for the office of the Controller, allowance, procurement of equipment, overall
management, etc. from the funds invested by the Board for profits.

201. Source of fund. –After this Rules comes into effect the fund shall be collected as per
following rates and means.

(a) 0.03% shall be entitled to be collected against each work-order of a hundred percent export
oriented industrial establishment.

(b) The buyer or work-order issuing establishment may donate to the fund voluntary
contribution.

(c) Voluntary donation from the government;

(d)Any voluntary donation from any national or foreign individual or establishment; and

(e) Interest received from investment of the fund.

The employer of the hundred percent export oriented industrial establishment, shall inform the
buyers or establishments issuing work-orders concerned regarding the fund while receiving
work- order from them.

The money stated in the Sub-Rule (a), shall be deposited to the fund with separate statement
upon collecting from the ‘Lien Bank Account of Each Establishment.” The Bangladesh Bank
shall issue required directions. The money for voluntary contributions as stated in Sub-Rule (b),
(c), and (d) shall be directly deposited to the fund.

202. Eligibility of benefits and utilization of the fund. –

(1) For the purpose of Chapter XV of the Act, eligible beneficiaries of the fund shall mean any
person described in the definition of beneficiary in Section 233 (1) (i) of the Act. Every
employer shall provide the list of such beneficiaries and their successors to the management
board.

(2) The fund shall be utilized in the following manner. E.g.:

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(a) 2 (two) accounts shall be opened under this central fund. One of them shall be
“Beneficiaries Welfare Account” and another be “Account for Emergency.” 50% of the fund
received to the fund shall be deposited to the Workers’ Welfare Account and 50% to the
Emergency Account.

(b)The money deposited in the “Beneficiaries Welfare Account” shall be used as one time
donation for death or permanent disability or loss of organs of beneficiaries of the sector
concerned and to be used for other activities related to social security of workers. The money
received from these accounts shall be additional to other legal benefits received from any
factory or establishment under the Act.

(c) Conditions for receipt of payments from ‘Beneficiaries Welfare Account’:

(i) In the course of employment if a worker dies, or dies subsequent to any injury
sustained during work or dies of any occupational disease or is permanently disabled
due to an accident at work or due to effect of occupational disease, the beneficiary
concerned or appropriate inheritors and dependents shall receive Taka three lacs
donation from the fund;

(ii) If a worker falls sick during his employment or dies when he is outside the course of
his employment or is permanently disabled, he or his inheritor shall receive a fund
amounting to taka two lac;

(iii) If a beneficiary while in work loses a limb, however is not permanently disabled, he
shall be entitled to a donation of up to Tk.one lac from the fund;

(iv) Arrangements for treatment or financial supports for beneficiaries;

(v) Scholarship or stipend for education of meritorious members of families of the

beneficiaries;

(vi) Any other activities in relation to running the fund and related administration;

(vii) Introduction of health insurance for ensuring health facilities of beneficiaries;

(viii) As part of social security facilities provident fund, introduction of pension

insurance, distribution of food items in subsidized prince through special cards,
establishment of specialized hospital; and
(ix) Giving money for annual premium of group insurance to the beneficiaries. Provided,
in the establishment where compulsory insurance policy is in application under Rule
85 that shall not be ceased until full commencement of the fund established under this
Rules.
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 (x) Required steps for implementation of the above-mentioned activities and any other
activity for implementation of the objective of this Act.

(d) As per Rules 22(1) and 22(2), payments to beneficiaries as full or partial financial
support shall be made from the “Account for Emergency” as per Section 28(a) of the
Act subject to proof by the owner or owners of a relocated or permanently closed
establishment regarding his insolvency and decision of the Management Board.

203. Investment of the fund. –

The management board, may invest in any venture which is profitable and without risk, however
such investment must be approved by the Government.

204. Manner of collection of the fund money. –

(a) Immediately with renewal of the export work-orders, as per Sub-Rule (a) under Rules 201,
the lien bank of the establishment concerned shall transfer the money to the account of the fund.

(b) In case of buyer or buyer-establishment, while opening an LC (Letter of Credit), may

voluntarily declare regarding his share in the LC as per Rule 201(b).

(c) In case of failure to deposit the money prescribed in Rule 201 (a) and (b)by the lien bank that
money shall be recoverable as public demand and the Board may take required legal measures as
well.

205. Establishment of Management Board. – The Management Board shall be comprised of

following members:

a) The Honourable Minister or State Minister of the Ministry of Labour and Employment
shall be the ex-officio Chairperson of the Management Board.
b) The Secretary to the Ministry of Labour and Employment shall be the ex-officio Vice-
Chairperson of the Management Board.
c) The President of the Bangladesh Employers Federation shall be the ex-officio member of
the Management Board.
d) 3 (three) representatives from employers of hundred percent export-oriented industrial
establishments which has been engaged in business in the concerned sector for at least 10
(ten) years. The members mentioned above shall be nominated by the employers
association of the sector concerned.
e) 3 (three) representatives shall be nominated from the officials of leading workers
organizations of the sector concerned.
f) The Controller of this Fund shall act as the Member-Secretary to the Board.

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 g) The Government in addition to the above-mentioned representatives shall nominate
maximum of 3 (three) representatives to the Board as Members.

206. Term and resignation of a member. –

(a) The term of all members shall be 03 (three) years from the date of his nomination.

(b) Any member may resign from his post by submitting a signed letter to the Chairperson and
the post shall be considered to be vacant from the date of receipt of that letter by the
Chairperson.

207. Disqualification of members. – No individual shall be eligible to be a member under Rule

205 (b), (c) and (d), if –

(a) He has been declared insane or bankrupt by a competent court;

(b) He has already twice been nominated as a board member;

(c) If he is convicted and sentenced to imprisonment for one year for an offence of moral
turpitude and if a period of 05 (five) years has not elapsed since his release;

(d) If he is absent from 03 (three) consecutive meetings of the board without the permission of
the Chairman; and

(e) If he stays outside the territory of Bangladesh for a period of more than 6 (six) months
without the permission of the Chairman.

208. Removal of members. – The Board subject to approval of the Government may remove
any member nominated through a written order in accordance with Rule 205(b), (g) and (d), if –

(a) He fails or denies to perform his duty under this Act, or if the government is of the opinion
that he is incapable of performing such duty;

(b)The Government is of the opinion that he has abused his position;

(c) He has earned or possessed any benefit regarding the welfare fund, either directly or
indirectly.

209. Allowances. – Every Member of the Management Board of the fund including the
Chairman shall receive daily allowance as determined by the board for his attendance in every
meeting.

210. Controller’s salary, power to grant expenditure and appoint employees. – (a) The
Controller, subject to the approval of the Management Board, shall receive salary-allowance
prescribed by the Board from time to time.

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(b) The controller may, for the purpose of managing the fund, grant any unforeseen expenses, or
for supply and purchase of necessary products upto Tk.1,00,000/- (taka one lac) only yearly, with
the prior permission of the Chairman and subject to budget allocation, which shall be approved
by the board in the following meeting.

(c) The controller may, for the purpose of effective operation of the fund administration, create
board positions and appoint necessary number of officers and employees. The manner of
appointing employees shall be determined by the regulation enacted by the board, subject to the
approval of the government the service conditions, salary and allowances of the employees.

(d) In the absence of the controller, any officer appointed or nominated by the board shall
perform his duties including the administrative duties.

211. Meeting of the management board. – (1) In accordance with the permission of the
Chairman the controller shall call the board meeting.

212. Accounts and audit. –

(a) One central account should be maintained for the sectors to which this Rule is applicable.

(b) The board shall maintain the accounts of money deposited in such central fund separately for
different industrial establishments in an appropriate manner.

(c) The board shall maintain the account of the fund in an appropriate manner and prepare the
annual statement of the account.

(d)The board shall ensure that the account of the fund is annually audited by an approved
auditor.

(e) For the purpose of Sub rule (b) of this Rule, the auditor may for the purpose of audit of
accounts, examine all records, deeds-instruments, money in cash or deposited in banks, security,
stock or other properties and may interrogate any member, officer or employee of the board.

213. Power to promulgate regulations. – The management board shall, subject to the approval
of the Government, promulgate regulations and deliver it to the industrial employers of
applicable sectors and concerned parties.

214. Protection of actions done in good faith. –If any person is harmed or there is a possibility
for him to be harmed due to any act done or intended to be done in good faith under these Rules
or regulations, no civil or criminal case or other legal proceeding shall lie against any
publication, report or proceeding under the authority of the Government, management board or
any member or any other officer or employee.

215. Annual report of the two funds. – (a)The board shall submit a report to the government
within 30th June, with the account statement of the previous year.

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216. Miscellaneous. – (a) All the acts done and decisions taken by the board should be equal for
all beneficiaries and there shall be no discrimination regarding benefits against the workers.

(b) No earnings or benefits of the beneficiaries under CHAPTER XV of the Act can be
mortgaged, exchange or sold.

(c) The employer shall not, for the purposes of his establishment or any other business purpose
or personal necessity, pay any advance or loan from the fund.

217. Management of ‘Workers Participation Fund’ and ‘Workers Welfare Fund’ formed in
other companies. –

The management of ‘Workers Participation Fund’ and ‘Workers Welfare Fund’ formed in
accordance with the provisions prescribed in Section 234 of the Act shall be operated in the
following manner in accordance with Section 235(1) of the Act by forming a Trustee Board
within 30 days:

(1) Constitution of trustee board. – (a) After the formation of‘ Workers Participation Fund’
and ‘Workers Welfare Fund’ formed by any company in accordance with the provisions
prescribed in Section 234 of the Act, a trustee board should be constituted for the management of
the two funds within a period of 30 (thirty) days in accordance with Section 235 of the Act.

(b) 01 (one) person from the accounts department nominated by the company shall perform
duties as a secretary of the fund.

(c)The company shall, on its own expense, make arrangement for office space and office
employees as per the requirement of the Chairman of the board to provide support to the
activities of the board.

(d) One of the responsibilities of the secretary shall be preparing a list of the beneficiaries who
are entitled to get benefits from these two funds.

(2) Management of accounts of these two funds. – (a) The trustee board shall open separate
accounts for these two funds in any scheduled bank. 04 (four) members of the board shall be
entitled to manage the account. The money of the funds can be withdrawn from the bank account
through joint signature of 01 (one) representative of the company/employer and 01 (one)
representative of the workers.

(b) If the employment of any trustee board member is terminated for any reason, he shall
immediately lose his membership in the trustee board of these two funds and in such cases or if
the membership position is vacant otherwise, 01 (one) representative should be elected or
nominated from the party of the vacant position within a period of 15 (fifteen) days in
accordance with Section 235 (1) of the Act.

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(3) The duties of the Board. – (a) A meeting should be called within 15 (fifteen) days of the
constitution of the board and the manner of the operation thereof should be introduced:

Provided that if the board introduces any procedure in contradiction with the Act or the Rules,
such procedure shall be considered as void.

(b) The following matters may be included in the working procedure enacted by the board in
accordance with Sub rule (a):

(i) Determination, delivery and investment of a share of the fund in favour of every eligible
beneficiary after publishing the annual accounts of the company and determination of the
procedure of annual board meeting for the purpose of utilization of the welfare fund;

(ii) Determination of procedure of additional meeting for hearing of any complaint against
cancellation of beneficiary’s part from the fund;

(iii) Constitution of an executive committee in coordination with equal number of

representatives from the company and the beneficiary-party for the purpose of day-to-day
operations of the board;

(iv) Determination of manner of taking decisions on any particular matter by sending

relevant documents to all trustees in case of any practical inconvenience regarding organizing
a board meeting;

(v) Determination of necessary quorum and notice for holding board meetings; and

(vi) Vesting responsibilities upon the Secretary for the operation of the office, records and
activities of the board.

(4) Working period. – (a) The duration of working period of any elected or nominated trustee of
the board shall be 03 (three) years.

(2)The trustees shall not get any remuneration for performing duties on the board. However,
reasonable travel expenses for attending the board meeting shall be paid by the company.

(5) Limitation power of a trustee. – No trustee shall be able to vote during any decision making
and the question of his own interest or his own right or benefits under any scheme.

218. Eligibility of getting benefits of the two funds. – (1) For the purpose of CHAPTER XV of
the Act, any eligible beneficiary of these two funds shall mean any person described in Section
233 (1) (i) of the Act.

(2) Every employer shall deliver a list of all such beneficiaries/workers and their
successors/nominees to the board.

219. Distribution of fund. –

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(a) The Trustee Board, within 02 (two) months of receiving the money of the participation fund,
shall equally distribute in cash 80% of the funds in accordance with Section 242 (1) of the Act to
the persons/beneficiaries under Section 233(1)(i) of the Act who have completed 09 (nine)
months of employment on the date of transfer of dividend of the fund, regardless of their
designation.

220. Maintaining accounts and audit thereof. – The accounts of these two funds should be
separately maintained and annually audited in accordance with Section 248 of the Act and the
members should be paid their dues within 90 (ninety) days of the completion of the audit of
account statement.

221. Annual statement of these two funds. – (a) The board shall submit a report with the
account statement of the funds in previous year in form no. 81 (j) to the employer within 30th
March of every year.

(b) After receiving the account statement from the board, the employer shall submit a copy
thereof to the Department of Factory and Establishment Inspection.

222. Miscellaneous. – (a) All acts done and decisions taken by the board should be equal for all
beneficiaries and no discrimination regarding benefits shall be done against the workers.

(b) No earnings or benefits of the beneficiaries under CHAPTER.

CHAPTER XVI4

4
Chapter XVI- The Control of Employment and Safety of Dock workers; this chapter has been repealed through the
Bangladesh Labour (Amendment) Act, 2008, therefore, there is no requirement for adopting Rules for the chapter-
this notes has been included in the 5th draft version of the draft Rules, however, that is not included in the 6th draft
version, also there is no chapter XVI in the latest version- notes from the Translator.

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 CHAPTER XVII
PROVIDENT FUND

223. Constitution of provident fund and enactment of rules. – (1) (a) If any provident fund is
constituted in any private sector establishment, the structure and management shall be governed
by the Chapter XVII of the Act, the Labour Rules and the internal rules of the concerned
establishment.

(b) An establishment may formulate its own rules for management and structure of the Provident
Fund. However, no provision of the internal rules of the establishment shall conflict the
provisions of Chapter 17 of the Act and the Labour Rules.

(c) In the event where the establishment has not set-up a Provident Fund and the rules for its
management, the Labour Rules shall apply for such an establishment. Immediately after the

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formation of the Provident Fund, the employer shall form a trustee board under Section 264 of
the Act.

(2) If, at least three-fourth of the total number of workers employed in an establishment submit a
written application to the employer in accordance with Section 264 (10) of the Act, the employer
shall be obligated to constitute a trustee board to administer the provident fund.

(3) For the purposes of this Chapter, a worker shall constitute anyone who is not the owner or his
successor or a member of the Management Board of the establishment.

224. Qualification to be a member of the Provident fund. – (1) Every permanent worker,
whose probation period is over, and in case of other kinds of workers who have completed at
least 01 (one) year of employment in such establishment, shall be a member of the provident
fund of such establishment constituted under the Act:

Provided that the absence of the worker due to any illegal lockout, lawful strike, days off lay off,
weekly holidays, sick leave, casual leave, maternity leave of not more than 16 weeks and any
other unapproved leaves or vacation shall not violate the continuation of these employment.

(2) Within 15 (fifteen) days of becoming qualified to be a member of the fund, the employer
shall submit the name and information of the employer and his nominated heir in Form no. 67 to
the Trustee Board with certification.

If the nomination is not provided during appointment, the employer shall direct the worker to
submit the nomination with 01 (one) copy of a passport size photo of the worker and his nominee
within 10 (ten) working days of his acquiring the membership. Within 10 (ten) days of receiving
such direction the concerned worker shall submit to the employer the information in the
prescribed form and the employer shall send it to the Trustee Board with certification within 05
(five) working days.

(3) If any question arises regarding acquisition of membership, continuation of membership or

the date of acquisition membership of any worker in the provident fund, the Trustee Board shall
deliver the final decision in that regard.

(4) The aggrieved worker may submit an appeal against the decision of the board to the Inspector
General of Inspection Department or responsible officer within 30 (thirty) days of being
informed about such report. If such appeal has been submitted, the person to whom it has been
submitted shall, upon providing opportunity to be heard to both parties, settle the matter within
30 (thirty) days from submission of such appeal.

225. Distribution of account number. – After receiving the information from the employer, the
Trustee Board shall, as soon as possible, grant/allocate an account number to the concerned
worker in Form no. 68 in a manner as may be prescribed by the board, and shall intimate it to
the employer and to the concerned worker through the employer.

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226. Nomination of trustee board members. –

(a) Representative of the employer shall be nominated by the employer (the officers of accounts
department should get priority);

(b) Representative of the worker shall be nominated by the collective bargaining agent (CBA) of
the concerned establishment. In establishments where there is no CBA, the existing trade unions
shall nominate a representative of the workers. Where there is no trade union organisation, the
representative of workers shall be nominated by the elected worker members of the participation
committee. In establishments in which there is no CBA or trade union organisation or
participation committee, the representative of workers shall be nominated from among the
workers of such establishment under the supervision of the Welfare Officer Director of Labour.

(c) A Trustee Board shall be constituted with a maximum number of 09 (nine) members. The
officer nominated by the Government shall be Chairman of such board. There shall be equal
number of representatives of workers and representative of employers. The members shall
gradually nominate 01 (one) person from among themselves as Vice Chairman for 01 (one) year.

227. Term and resignation of a member.-

(1) The term of every member shall be 02 (two) years from the date of his nomination.

(2) Any member may resign from his post through a resignation letter addressed to the Chairman
and such post shall be considered as vacant from the date of receipt of such letter by the
Chairman.

228. Disqualification of members. – No person shall be qualified to be a member under Rule

226 (b) and (c), if –

(a) A competent court has declared him to be insane or bankrupt;

(b) He has been convicted with 01 (one) year imprisonment for any offence related to moral
turpitude and 05 (five) years have not passed since his release;

(c) He becomes absent in 03 (three) consecutive board meetings without the permission of the
Chairman; and

(d) He stays outside Bangladesh for a period of more than 06 (six) months without permission of
the Chairman.

229. Removal of member. – The Government may remove any member nominated in
accordance with Rule 226 (b) and (c) through a written order, if he –

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 (a) Fails or denies to perform his duty vested upon him under the Act or if the person is
considered to be incapable of performing his duty as per the consideration of the
Government;

(b) Abuses his position, in consideration of the Government;

(c) Has achieved or possessed any benefit regarding the provident fund either directly or
indirectly.

230. Secretary of the board. – The members of the Trustee Board shall nominate a secretary
from among the members other than the Chairman.

231. – Meetings of the trustee board. – (1) Meetings of the trustee board should be held at least
once in every 04 (four) months. The Board Secretary shall, in consultation with the Chairman,
determine the date, venue and time of every meeting and send a notice to every trustee through
registered post or any other manner as may be acceptable to the trustees, at least 07 (seven) days
prior to such date. However, in case of emergency meetings, the notice can be sent 03 (three)
days prior to such meeting.

(2) Notwithstanding anything contained in Sub rule (1), upon being requested in writing by at
least half of the total members, the Secretary shall, in consultation with the Chairman, call a
board meeting within 10 (ten) days from the receipt of such request.

(3) The Chairman shall preside over every board meeting. If the chairman is absent in any
meeting, the Vice-Chairman shall preside over it and he shall exercise all the powers of the
Chairman including signing the resolution of such meeting.

232. Quorum of the meeting. – (1) In order to constitute the quorum of Trustee Board meeting,
more than half of the members, including at least 01 (one) representative from the employer and
workers, shall be required to be present.

(2) Notwithstanding anything contained in Sub rule (1), if in any meeting the quorum is not
constituted within 01 (one) hour with the present trustees, the meeting shall be postponed till the
same day and time of the next week. If the quorum is not constituted in the following meeting,
the quorum of the third meeting shall be considered to be constituted with the presence of any
number of trustees.

233. Decision making. – Every matter regarding the provident fund of the establishment shall be
raised in the board and the decision shall be taken through vote of the majority of the present
trustees. If the number of votes is equal regarding any matter, the Chairman shall give the casting
vote.

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234. Minutes of the meeting. – The minutes of every meeting should be sent to every trustee
and the Government within 07 (seven) days from the day of the meeting. The minutes shall be
required to be approved in the following board meeting.

235. Appointment of employees. – The board may appoint an employee for administrative
activities of the fund.

236. Subscription.- (1) The rate of subscription payable shall be determined on the basis of
minimum 7% of the basic wages and maximum 8% of the basic wages of the workers, no matter
in what manner the wages are paid to the workers.

(2) The employer shall, deduct the subscription money from the wages of the concerned worker
while making payment thereof and deposit it in the account of the provident fund after adding an
equal amount from his part, within 15 (fifteen) days of the completion of such months, through
pay order or bank draft. The employer shall bear the expense of the pay order or the duty of the
bank draft.

(3) The employer shall send a monthly report to the board within 15 (fifteen) days from the
completion of every month. The amount of deducted money from every worker and the amount
of money paid by the employer for such worker shall be mentioned in such report.

(4) After receiving such money in accordance with Sub rule (2), the Board Secretary shall
acknowledge it within 10 (ten) days of such receipt.

237. Return due to termination of employment. – (1) The employer shall, within 15 (fifteen)
days of the completion of every month, send to the board as a form of return a list of the workers
who are members of the provident fund, and whose employment has been terminated in the
previous month.

238. Administration of Provident fund account. – The Secretary shall deposit all the money
received for the fund in a bank account titled “Provident Fund Account” in a bank determined by
the board. The bank account shall be jointly administered by the Chairman, representative of the
worker and representative of the employer of the board. While withdrawing money from the
account, there shall be joint signature by the board Chairman and any other member approved by
the board. In addition, the accounts of money deposited in every worker's account as subscription
by every worker and employer and earned interest or earnings or benefits should be maintained
separately in a register.

239. Accounts and statement of the employer. – (1) Every employer shall maintain an account
of the subscription of the workers and the money deposited from his part in the provident fund,
in the manner as prescribed by the board from time to time.

(2) As soon as possible after completion of every year, the board shall deliver to every member a
written and signed description of opening balance in the beginning of the year, amount of

138
subscription deposited in the year, amount of interest at the end of the year, advance received and
installments paid, and the balance at the end of the year.

(3) The members shall verify such annual account and if there is any error, they shall send it
back to the board for amendment/correction within 03 (three) months of the receipt of such
description. The board shall, after conducting necessary scrutiny and correction if there is any
error, again deliver a description to the members within the following 10 (ten) days.

240. Annual report on the working process of the fund. – (1) The board shall submit a report
to the employer with a description of the fund’s account of the previous year in Form no. 81 (K)
within 30th March every year.

(2) The employer shall, after receiving the account description from the board, submit a copy
thereof to the Department of Factory and Establishment Inspection.

241. Revenue account. – A revenue account should be opened for the provident fund for all
interest and other investments, benefits earned and any money forfeited, and they all shall be
deposited separately. In the same manner, the money spent on selling of securities, decreases due
to decreasing price of securities, security tax and grants should be shown in the expenditure.

242. Member’s account. – (1) 01 (one) ledger account for each member should be opened in the
fund office where the interest provided by the employer in favour of the subscription money
provided by the worker and proportional amount of benefit received from the investment shall be
deposited.

(2) Within 03 (three) months of completion of every year, the Board Secretary shall examine the
information exhibited in the account of every member and if he finds any error he shall correct it
and deliver a sector wise account signed by him to every worker.

243. Investment of fund money. – (1) In addition to the sectors mentioned in Section 264 (12)
of the Act, the fund money may be invested in the following sectors as well, according to the
decision of the board: –

(a) Purchasing immovable property situated in Bangladesh. However, such property shall not be
leased and if more than one third of the property is building, it shall not be more than half of the
lease (reheni) money.

(2) The board shall prepare an annual categorized brief description of the fund property in Form
No. 69 and 01 (one) balance sheet and shall attach a copy thereof with the annual report to
submit before the Inspector General and the Department of Factory and Establishment
Inspection.

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244. Administration cost. – The employer shall bear all administrative expenditures of the fund
including salary and allowances of the employees, audit account and legal expenditure,
stationery expenditure, forms, furniture, rent, tax and other reasonable expenditures.

245. Nature of account. – The employer or secretary shall maintain the account of the funds
including “Administration Account” in such manner as may be prescribed and determined by the
board.

246. Account audit. – The annual accounts of the fund should be audited by an auditor firm
recognized under the provisions of the Company Act, 1994.

247. Profit or interest. – (1) The profit/interest earned from the revenue account at the end of
the year should be proportionately deposited into the accounts of every member.

(2) The total interest deposited in the account of the members should be shown as expenditure in
the revenue sector.

(3) The interest should be deposited in the deposit sector of every member starting from the first
day to the last day.

(4) The interest on payment claim or incomplete period shall be paid at the rate of previous
year’s interest and shall be deposited on a monthly basis for the incomplete periods.

248. Nomination of nominee. – (1) Every member shall provide a nomination with a
photograph of the nominee in Form no. 41 for the purpose of receiving money deposited in his
name in the fund in the case of his death.

(2) In cases where the nomination is given to a family member, the nomination should be given
to 01 (one) or more than 01 (one) members of the family and no nomination provided otherwise
shall be admissible.

(3) The member may, if he intends, divide the money deposited in his name proportionately
among the nominees in the nomination paper as per his will.

(4) If any nominee dies before the member the member shall provide new nomination regarding
such interest.

(5) The nomination provided by the member may be amended at any time on the basis of written
notice received from the member.

(6) Any nomination and any amendment thereof shall take effect from the date of it being
received by the board.

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249. Condition of payment of the money deposited in the fund. – (1) If the employment of
any member terminates after completing 02 (two) years in such establishment, he shall be
entitled to receive all the money, including the employers portion, deposited in his name.

(2) If any member does not want to continue his membership in the fund, he may withdraw his
membership by submitting a written application to the board. If such withdrawal takes place after
the completion of 02 (two) years of employment in such establishment, he shall be entitled to
receive all the money, including the employers portion, deposited in his name.

(3) If any member’s duration of employment is less than 02 (two) years or the duration as
member of the fund is less than 01 (one) year, he shall be entitled only to the portion deposited
by him as subscription in the fund:

Provided that if such termination is due to death of the member/worker or closure of the
establishment, the members/worker shall be entitled to both portions deposited in the provident
fund.

250. Payment of deposited money of the deceased member. – If any member dies before the
money becomes payable or after it becomes payable but before it is paid –

(a) In cases where the nomination is legal, the money deposited in the name of the member or a
part thereof shall be payable to such nominated person or persons in accordance with such
nomination.

(b) In cases where no nomination is in existence, or if the nomination is not applicable for any
particular portion of the money deposited in the fund, the full deposit or the particular portion on
which the nomination is not applicable, shall be payable to the family members of the deceased
person in accordance with the Act.

251. Payment of the Provident fund money. – (1) In cases where any money deposited in the
name of a member or the money left after deduction in accordance with these Rules becomes
payable, in such cases the board shall close the account of such member and send a written
notice, to the person to whom the money is payable, after determining the amount of the money
payable thereto.

(2) If any dispute or suspicion arises regarding any portion of the money payable, the portion
regarding which there is no dispute or suspicion shall be paid immediately and the disputed
portion should be settled as soon as possible.

(3) If the person to whom the money is being paid is minor or of unsound mind, such money
should be payable to any guardian appointed for the minor in accordance with the Guardians
And Wards Act, 1890 (Acts number VIII of 1890) or any manager appointed for the person of
unsound mind in accordance with Lunatic Acts, 1912 (Act number IV of 1912). In cases where

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such guardian or manager has not been appointed, the money shall be paid to the person
authorised by the act on behalf of the minor or person of unsound mind.

(4) Any person interested in receiving the money in accordance with these Rules shall be
required to apply in writing to the board. The money may be paid through money order or cross
check sent through registered post or through bank draft or pay order in hand upon receiving
acknowledgement as the case may be, according to the will of the person to whom the money
shall be payable.

252. Receiving advance from the fund. – (1) Any member may receive advance from the
balance money deposited in his account, subject to the approval from the Trustee Board in the
following conditions: –

(a) To bear the expense for medical treatment of any subscription payer or any member of
his family;

(b) To bear the expense of wedding, funeral or any other essential expenditure of any
subscription payer or any member of his family;

(c) To bear the expense of construction of houses or purchasing home/flat or purchasing

land to construct house;

(d) To deposit premium of life insurance of any subscription payer or his wife;

(e) To bear the expense of travel by ship or air of any subscription payer or any member of
his family;

(f) To bear the education costs of the subscriber’s children.

(2) No advance, in any cases, shall be more than 80% of the total balance of tax-free subscription
and benefit deposited in the account of a member and no subsequent advance shall be granted
unless the first received advance is paid.

(3) The money received as advance should be paid in equal monthly installments within a period
of 60 (sixty) months:

Provided that, no installment shall be greater than one third of the monthly basic wages of the
recipient worker.

(4) The basic advance shall be paid in installments, and when the basic advance is paid, one
additional installment should be paid as interest of the advance.

(5) The money deposited in this fund shall be considered as the money of the members. The
employer shall not be able to receive any advance or loan for his establishment or any other
business purpose or for his personal necessity.

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253. Management of board activities. – All order and instruments shall be delivered and issued
in the name of the board. Such matters can be attested by any officer authorized by the board.

254. Penalty for violation, etc. – (1) If any person –

(a) Fails, without adequate reason, to pay any subscription payable in accordance with these
Rules; or

(b) Deducts or tries to deduct employers portion from the wages of the member or any other
remuneration; or

(c) Fails or denies to submit any return, description or any other document which is required or
has been ordered to be submitted in accordance with these Rules; or

(d) Submits any false return, description or instrument or provides false statement; or

(e) Is guilty of not performing any other requirement or violating any provision of these Rules;

(f) Receives any advance loan by using influence of the employer or through fraud;

He shall be punishable under Section 298 of the Act.

255. Applicability of the Provident Fund. – The Labour Rules from 223 to 254 shall be
applicable for private establishments. Notwithstanding anything contained in these Rules, Rules
223 to 254 shall not apply to Tea Plantations, employers of tea plantations, workers in tea
plantations and newspaper workers. However, Rules 255 to 288 shall apply to tea plantations and
Rules 289 to 313 shall apply to newspaper workers.

256. Existing provident fund. – The existing tea plantation workers provident fund shall be
considered to be constituted in accordance with the provisions of the Bangladesh Labour Act,
2006.

257. Obligation to be a member of provident fund. – (1) Under Section 268(1)of the Act, all
workers, except apprentice workers, who have completed 01 (one) year of employment in tea
plantation shall be members of provident fund. Photographs of members and their nominees
should be submitted to the controller’s office while being included as members.

(2) If any question arises regarding the qualification of a member for being a member of the
provident fund or continuation of membership, the trustee board shall take the final decision in
that regard.

(3) Within 15 (fifteen) days of achieving the qualification to be a member of the provident fund
the employer shall direct the concerned worker to deliver all necessary information of such
worker and his nominee. The concerned worker shall submit such information in the prescribed

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form within 05 (five) working days from the receipt of such direction. The employer shall send it
to the controller with recommendation within 05 (five) days after receiving such information:

Provided that in cases where such worker is already a member of the fund, the employer shall,
within 07 (seven) days of appointment of such person, inform the controller, through registered
post, regarding the name, account number and other description of the previous employer of such
worker. And the employer shall collect the acknowledgement thereof from the controller.

(4) Every employer shall, within 30 (thirty) days from this Chapter taking effect, send a return to
the controller regarding every worker qualified to be a member of the fund in Form no. 67.

258. Distribution of account number. – The controller shall, after receiving from the employer
the information of workers qualified to be members of the fund, as soon as possible, allocate an
account number to the workers in Form no. 68 in such manner as may be determined by the
board and shall inform the employer and the concerned worker through the employer.

259. Trustee board meeting. – (1) Generally, the trustee board meeting shall be held at least
once in every 02 (two) months.

(2) The controller shall, in consultation with the Chairman, determine the date, venue and time of
every trustee board meeting and at least 14 (fourteen) days prior to such a date, send a notice of
such meeting along with the agenda thereof to every trustee through registered post. However, in
cases of emergency meetings, the meeting can be called with 07 (seven) days notice.

(3) Notwithstanding anything contained in Sub rule (2), upon receipt of written requisition notice
from at least 05 (five) members of the trustee board, the controller shall, in consultation with the
Chairman, call a meeting within 14 (fourteen) working days of the receipt of such notice.

(4) The Chairman shall preside over every meeting of the board. If the Chairman is absent at any
meeting, the trustees shall select 01 (one) person from among the employers/neutral persons to
preside over the meeting and the person selected in such manner shall exercise all the powers of
the Chairman in that meeting.

(5) All matters related to the fund shall be raised in the board and decisions shall be taken on the
basis of the opinion of the majority of the trustees present at the meeting. If the trustees get
divided equally while deciding any matter, such matter shall be settled on the basis of the
opinion of the Chairman.

(6) If, for the purpose of taking any decision voting is required, it can be done by raising hands.
If the majority of the present trustees demand secret ballot, the Chairman shall make
arrangement for secret ballot.

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260. Quorum of the meeting. – (1) In order to constitute the quorum for the trustee board
meeting, at least 03 (three) trustees including at least 01 (one) member from the employer,
worker and neutral members shall be required to be present.

(2) Notwithstanding anything contained in Sub rule (1), if the quorum is not constituted in any
meeting with the members within 01 (one) hour, the meeting may be postponed till the next
week on the same day and same time. If the quorum is not constituted even at such postponed
meeting, on the third meeting the quorum shall be considered to be constituted with the presence
of any number of trustees.

261. Minutes of the meeting. – The minutes of the meeting, mentioning the name of the present
trustees, should be sent to every trustee within 07 (seven) days from the day of such meeting, and
shall be required to be approved on the following meeting. The meeting minutes should be sent
to the Government within 07 (seven) days of being approved.

262. Fees and allowances. – (1) The rules relating to travel benefits applicable to first-class
government officers travelling for government work shall be applicable to every trustee of the
board including the Chairman.

(2) If any trustee receives any travel or other allowance from his employer, he shall not be able
to claim any allowance from the board for the same travel.

(3) The Chairman of the trustee board shall receive monthly honorary allowances at such rate as
may be prescribed by the Government and members shall receive daily allowance as may be
prescribed by the board for their attendance at the meeting.

263. Controller’s salary, power to grant expenditure and appoint employees. – (1) The
controller shall, subject to the approval of the Government, receive salary-allowance as may be
determined by the board from time to time.

(2) The controller may, for the purpose of administration of the fund, without prior approval of
the board, grant any sudden expenditure, supply and purchase of necessary appliances, subject to
the availability of money in the budget.

(3) For the purpose of effective administration of the fund, the controller may create positions on
the board and appoint necessary number of officers/employees. The procedure of appointing
employees, service conditions, salaries and allowances of the workers shall be determined as per
the provisions enacted by the board according to the approval of the Government.

(4) In the absence of the controller, the assistant controller shall perform administrative and other
duties.

264. Subscription. – (1) Regardless of the manner of payment of wages, be it daily basis,
weekly basis, quarterly basis or monthly basis, the rate of subscription payable for the provident

145
fund under this Act shall be calculated on the basis of basic wages payable to the worker for a
full month.

(2) The employer shall, deduct the subscription money from the wages of the concerned worker
while making payment thereof and send it to the controller to deposit it in the account of the
provident fund after adding an equal amount from his part, within 15 (fifteen) days of the
completion of such months, through order or bank draft:

Provided that, if money has been deposited through a bank check of any small town (mofussill)
the check should include the fees of collecting the check.

(3) If the monthly subscription of any worker has not been detected by mistake, it may be
deducted from the next month’s wages. In the same manner, if additional subscription has been
deducted from any month’s salary, it may be adjusted with the salary of the following month.

Illustration: For the purpose of this Act, any retainer allowance, paid to any worker in a period
beyond the season, shall be considered as wages.

(4) The controller shall give an acknowledgement within 10 (ten) days of receiving money in
accordance with Sub rule (2).

(5) The employer shall send an overall monthly report to the controller within 15 (fifteen) days
of the end of a month. Such overall report shall contain detailed description of the monthly basic
wages of a worker with the subscription deducted from every worker, and the portion paid by the
employer for such worker and the amount of administrative cost paid by the employer.

(6) The money deducted from the wages of a worker for provident fund shall be considered to be
in the custody of the employer until it is received by the controller.

265. Members shall not pay the portion of subscription payable by the employer. – The
portion of the subscription payable by the employer cannot be deducted from the wages of the
members or recovered in any other manner by the employer.

266. Return. – The employer shall, within 15 (fifteen) days of the end of every month, send to
the board a list of worker members of the provident fund whose employment has terminated in
the previous month.

267. Employer shall maintain an account. – (1) The employer shall maintain an account of his
portion and the subscription of the workers paid in to the provident fund in such manner as may
be prescribed by the board from time to time.

268. Account of provident fund. – (1) The controller shall open a bank account titled
‘Provident Fund Account’ in a scheduled bank as determined by the board and deposit the total
money received from the employer and the workers as subscription for the fund. The account of

146
the subscription of the employer and workers and the interest should be shown separately in the
register.

(2) A revenue account should be opened where all the interest and other benefits received from
investments and any forfeited money of the fund shall be deposited separately. In the same
manner, the money decreased due to decreasing price of security, security tax and grants should
be shown in the expenditure.

(3) There shall be a separate account titled ‘Administration Account’ where all expenditures for
administration of the fund shall be shown.

269. Members account. – (1) 01 (one) account for every member should be opened in separate
registers maintained in the controller’s office for every tea plantation. The following shall be
deposited in such account:

(a) Subscription paid by him;

(b) Employer’s portion paid in favour of the member;

(c) Interest in accordance with rules.

(2) Separate interest should be deposited with the worker’s subscription and employer’s portion.
The controller shall examine the matters shown in the account before the close of every year and
if he finds any error he shall amend it.

270. Investment of fund money. – (1) All the money of the fund should be deposited in a
scheduled bank according to the decision of the board and at least 50% shall be invested in one
or more of the following sectors:

(a) In interest/benefit based savings and bonds unconditionally ensured by the Government;

(b) In fixed deposit of scheduled bank unconditionally ensured by the Government;

(c) Stock or debenture of any other company the interest of which is ensured by the
Government;

(d) If immovable property situated in Bangladesh: provided that one third or more of such
property is not a building which shall not be more than half of the lease (reheni) money.

(2) If any amount of money is spent or loss is suffered in any investment, that shall be charged to
the revenue account.

(3) The controller shall prepare an annual categorised brief description of the fund property in
Form no. 69 and 01 (one) balance sheet (by the 30th June every year) and shall attach a copy
thereof with the annual report to submit to the Government.

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271. Administration cost. – (1) All administration costs of the fund, including fees and
allowances of the trustees of the board, the salaries and allowances of the employees, audit of
accounts and legal expenditure, stationery expenditure, forms, furniture, transportation, rent, tax
and other reasonable expenditures shall be carried out from the Administration Account with
approval from the board.

(2) The controller shall maintain the accounts of the fund including “Administration Account” in
such manner as may be specified and prescribed by the board.

272. Account audit. – (1) The annual accounts of the fund should be audited by a chartered
accountancy firm recognized under the provisions of the Company Act, 1994 according to the
decision of the board.

(2) Thereafter, the auditor shall provide 03 (three) copies of the audit report, properly signed and
sealed thereby and shall also sent a copy thereof to the Government.

273. Budget. – (1) The controller shall, every year within the first fortnight of the month of June,
prepare a budget for the next year and submit it the before the board. He shall mention the
tentative amount of subscription, levy of administration cost and proposed expenditure for the
next year separately in the budget.

(2) While preparing the budget, special attention should be paid so that the overall management
expenditure remains within the money collected. If the board considers any expense to be
essential, it shall require approval from the Government.

274. Interest. – (1) The interest earned from the revenue account at the end of the year should be
proportionately deposited into the account of every member.

(2) The total interest deposited in the account of the members should be shown as expenditure in
the revenue sector.

(3) Interest should be deposited in the deposit sector of every member starting from the first day
to the last day:

Provided that when the money deposited in the name of any member becomes payable, the
interest should be deposited for the period starting from the first day of the current period till the
month prior to the date when it can be said to be taken for delivery or till the completion of 06
(six) months from the month when returnable money becomes payable, whichever is earlier.

Provided further that, the interest on payment claim or incomplete period shall be paid at the rate
of previous year’s interest and shall be deposited on a monthly basis for the incomplete periods:

(4) If the board thinks necessary, it can determine interest on the money withdrawn to deposited
in life insurance policy by the member, at such rate as it thinks expedient, to bear the expense of

148
such policy premium. The interest so determined shall be deposited in the revenue sector of the
fund after being collected in a manner as may be prescribed by the board.

275. Nomination of nominee. – (1) Every member shall provide a nomination with a
photograph of the nominee in Form no. 41 for the purpose of receiving money deposited in his
name in the fund in case of his death:

Provided that, if the member is a minor, he cannot provide any nomination before attaining adult
hood.

Provided further that if such minor member dies before attaining adulthood, the money deposited
in his name shall be payable to his family members in accordance with the law.

(2) The member may, if he intends, divide the money deposited in his name proportionately
among the nominees in the nomination paper as per his will.

(3) In cases where nomination is given to a family member, the nomination should be given to
one or more than one members of the family and no nomination provided otherwise shall be
admissible.

Illustration: Family members: – In case of male members: Wife of the member, married or
unmarried children, adopted son or daughter, parents who are dependent on the member and
widow and children of deceased son of the member.

In case of female members: Husband, married or unmarried children, adopted son or daughter,
parents dependent on husband or the member, and widow and children of deceased son of the
member.

(4) If any nominee dies before the member, the interest of such nominated person shall be vested
on the member again. In this situation, the member may, if he intends, provide new nomination
regarding such interest.

(5) The nomination provided by the member in accordance with these Rules may be amended at
any time.

(6) Any nomination and any amendment thereof shall take effect from the date of it being
received by the controller.

276. Depositing money in life insurance policy. – (1) The amount of money which has been
deposited in the fund in the name of any member in previous years account including his
subscription and interest, such amount of money can be withdrawn maximum once in every 02
(two) months to deposit it in life insurance policy:

Provided that, no money shall be approved to be withdrawn until the submission of a detailed
description of the proposed life insurance policy to the controller in the form prescribed thereby

149
and until it has been received by the controller for approval. No approval should be provided for
withdrawing an amount greater than the actual premium or subscription. If approval is given to
withdraw money in such manner, the controller shall pay the money directly to the insurance
company and shall receive a receipt of such payment.

(2) In case of new policies, after receiving the first premium the insurance company shall submit
the insurance policy with tok of assigning title in favour of the board and the controller, shall
keep the policy in safe custody after collecting signatures of the member on such tok of
appointment of right and the policy.

(3) Within 03 (three) months of withdrawing money from the fund for policy, the title thereof
shall be assigned in the name of the board as a security of the money withdrawn and that should
be handed over to the controller.

(4) Before giving approval to withdraw money for an old policy, the controller should be
satisfied about whether any title has been assigned for the policy previously or whether the
policy is completely un-encumbered by sending the matter to the insurance company.

(5) No condition of the policy can be changed or it cannot be replaced with a new policy without
the prior approval of the controller. The detailed description of changing any condition of the
policy or the new policy should be submitted to the controller in a manner as may be prescribed
thereby.

(6) In cases where the title has not been assigned or vested, in such cases where money has been
withdrawn for such policy, the member shall immediately submit that money with 5% interest.
Otherwise, the controller shall direct the deduction of that money from the wages of such
member in such instruments as may be prescribed thereby.

(7) The policy to be taken in accordance with this rule shall be effective through a member’s
own life and the legal title can be assigned to the board by the member.

277. Saving the money withdrawn with bonus. – (1) If, according to the condition of the
policy, it is optional to withdraw bonus by the member while the policy is continuing, the
member shall not withdraw such bonus and the bonus which the member cannot be barred from
withdrawing according to the conditions of the policy should be deposited to the fund
immediately after withdrawal and such money shall be adjusted with the money withdrawn from
the fund. Or, if the member fails to deposit such money, the controller shall direct the deduction
of that money from the wages of such member in such installments as may be prescribed
thereby.

(2) If any policy the title of which has been assigned to the board is matured, or if the money is
payable before the termination of employment of such member, in such cases the board shall

150
recover such contracted money with due bonus and shall deposit such money in the fund in the
name of the member.

278. Reassigning title of policies. – (1) In cases where any member –

(a) Retires on grounds of age or length of employment, or

(b) Retires on grounds of complete permanent physical or mental disability, or

(c) Receives approval from the board or the controller authorized by the board to withdraw the
money deposited in his name from the fund, or

(d) Redeposit the money he withdrew after receiving approval from the board or the controller
authorized thereby to withdraw the money deposited in his name from the fund, in such cases the
board shall hand over the policy to the member with written and signed notice regarding
reassignment of title of the policy in the name of the member.

(2) If the member dies before leaving employment, the board shall sign over the title to the
nominee of the member, if any, or to a person who can legally receive the same and shall hand
over the policy to such nominee or such person with a written and signed notice regarding
reassigning the title of the policy to the insurance company as well.

279. Condition of payment of money deposited in the fund. – (1) Member can withdraw all
the money deposited in the fund in his name in the following cases:

(a) If worker retires from employment in tea plantation in accordance with this Act;

(b) If he retires from employment due to inability to work because of complete physical or
mental disability, subject to appropriate certification by a competent medical practitioner.

Provided that any retired member can withdraw his deposited money 03 (three) months
after his retirement.

(2) In cases other than retirement, if any member on the day of his application was continuously
unemployed for 03 (three) months in any tea plantation where this Act is applicable, the
controller may, being authorized by the board, permit the member to withdraw the money from
the fund.

(3) In case of voluntary retirement:

(a) If the duration of his membership in the fund is less than 03 (three) years, 50% of the
employer’s portion with the interest shall be forfeited in the fund;

(b) If the duration of his membership in the fund is more than 03 (three) years but less than
05 (five) years, 5025% of the employer’s portion shall be forfeited;

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 (c) If the duration of his membership in the fund is more than 05 (five) years but less than
10 (ten) years, 15% of the employers portion shall be forfeited.

(4) If, after withdrawing the money in accordance with Sub rule (3) a member rejoins the
employment in the tea plantation, he shall join the fund as a new member.

(5) No money forfeited in the fund can be returned to the employer, it shall be deposited in the
revenue fund.

(6) The money paid by members who retire from the office of provident fund shall be paid to the
recipient through cross check by the tea plantation authority, and the acknowledgement of receipt
by the recipient shall be sent to the controller within the following 07 (seven) days.

280. Transfer of member’s account. – If any member after resigning or retiring from 01 (one)
tea plantation joins the employment in another tea plantation and if he has not withdrawn the
money deposited in the fund in his name, the controller may, upon his application, keep his
membership continued and the account of such worker shall be transferred to the register of the
new tea plantation on the date on which he shall be entitled to get a membership of the fund as a
worker of the new tea plantation in accordance with Section 268 (1) of the Labour Act. In such
cases the interest on the previous deposit of the worker shall be continued.

281. Payment of deposited money of the deceased member. – If any member dies before the
money becomes payable or after it becomes payable but before it is paid –

(a) The money deposited in the name of the member shall be payable to the nominated person or
persons in accordance with the nomination, or

(b) In cases where no nomination is in existence, or if the nomination is not applicable for any
portion of the money deposited in the fund, in such cases the full deposit shall be payable to the
family members of the deceased person in accordance with the Act.

282. Payment of money of a dismissed member. – A member shall not be deprived of the
money deposited in the fund in his name even if he is dismissed through termination, discharge,
retrenchment or dismissal by the employer for any misconduct

283. Payment of provident fund money. – (1) In case the account of any member is closed, if
any dispute or suspicion arises regarding any portion of the money payable, in such cases the
portion regarding which there is no dispute or suspicion shall be paid by the controller within 03
(three) months and the rest should be paid by adjustment within 06 (six) months.

(2) If the person to whom the money is payable is a minor or person of unsound mind, such
money should be payable to any guardian appointed for the minor in accordance with the
Guardians and Wards Act, 1890 (Act No. VIII of 1890), if any such guardian has been appointed
or any manager appointed for an insane person in accordance with the Lunatic Act, 1912 (Act

152
No. IV of 1912). In cases where such guardian or manager has not been appointed, if the amount
of money payable is not more than Taka 30,000 then the controller, if the amount is more than
Taka 30,000 then the Chairman, subject to approval of the board, shall pay the money to the
person whom they consider to be appropriate for representing such minor person or person of
unsound mind. In other cases the money shall be paid to the person authorized by the Act on
behalf of the minor or person of unsound mind.

(3) Any person interested in receiving the money in accordance with this Rule shall be required
to apply in writing to the controller through the manager of the tea plantation. The money may be
paid by the controller through the manager of the concerned tea plantation by bank draft or pay
order as the case may be, according to the will of the person to whom the money is payable.

284. Annual description of member’s account. – (1) Within 06 (six) month of completion of
every year, the controller shall deliver to every member, through his latest employer, a written
and signed description of the opening balance in the beginning of the year, amount of
subscription deposited during the year, amount of interest at the end of the year and the balance
at the end of the year.

(2) The members shall be ensured regarding such annual account and if there is any error, they
shall send it back to the controller for amendment/correction within 03 (three) months of the
receipt of such description. The controller shall, after conducting necessary checking and
correction if there is any error, again deliver a description to the members within the following
10 (ten) days.

285. Annual report on the working procedure of the fund. – (1) The board shall submit a
report to the government with a description of the working procedure of the fund in the previous
year within 30th September of every year.

(2) A copy of such report should be sent free of cost to the employers of the tea plantations
whose workers have become member of the fund.

286. Administration of board’s activity. – All orders and documents shall be issued and
executed in the names of the board, the controller or on attestation by any officer authorized by
the board.

287. Power to execute orders. – For the purpose of effective implementation of the Act and
rules or the administration of the fund including payment of deposited money to the workers on
termination of employment thereof, the Government may, from time to time, issue direction to
the board.

288. Penalty for violation, etc. – (1) If any person –

(a) Does not send a nomination, for inclusion in fund, of a worker who is qualified thereof, to the
controller’s office;

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 (b) Deducts or tries to deduct employer’s portion from the wages of the member or any other
remuneration; or

(c) Fails or denies to submit any return, description or any other document which is required or
has been ordered to be submitted in accordance with these Rules; or

(d) Submits any false return, description or instrument or provides false statement; or

(e) Obstructs the board or any government officer from performing his duty or fails to produce
any document for the purpose of inspection by such officer.

(f) Is guilty of not performing any other requirement or violating any provision of these Rules;

(g) If any officer/employer fails to comply with Section 233(2) of the Act he shall be liable to
pay a fine at a rate of 10% for every working day. In that case, he shall be punishable under
Section 298 of the Act.

(2) In the event where the Trustee Board issues lower interest rate on the Fund than Banks, or
disburses the Fund to the Employer for business purposes, or utilizes the Fund for its own profit,
the employer and the Trustee Board shall be punishable under Section 409 of the Penal Code
(Act No. 5 of the 1860). Such an offence shall a cognizable offence under the Code of Criminal
Procedure.

289. Constitution of provident fund and enacting rules. – (1) Every newspaper establishment
shall have to mandatorily constitute a provident fund under Section 273 of the Act. If such
establishment does not have its own rules, the Fund shall be governed by Rules 290 to 313.
Immediately after constitution of the provident fund, the employer shall take initiative to
constitute a Trustee Board for this purpose in accordance with the provisions of Section 264 of
the Act.

290. Participation of the Workers in the Fund. – (1) All worker who have completed 02 (two)
year of employment shall be members of the provident fund.

(2) If any question arises regarding the qualification of a member for being a member of the
provident fund or continuation of his membership, the board shall take the decision in that
regard.

Provided that, within such 02 (two) years:

(a) The days of illegal lockout, legal strikes, days of lay off

(b) Weekly holidays, sick leave, casual leave or any unapproved leave or discontinuation in
employment die to vacation, or

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(c) For female workers maternity leave of not more than 16 week shall be counted while
calculating duration of employment and it shall be considered that the worker has worked in the
establishment during those days.

(3) If there is any entitlement or requirement for being a member of the fund, the employer shall
direct the concerned worker to provide all necessary information including the name of the
nominee and the concerned worker shall comply with the direction and shall provide this
nomination applicable for privet sector. Thereafter, the employer shall send the information to
the board.

(4) Every employer shall, within 30 (thirty) days from this Chapter taking effect, send a return to
the controller regarding every worker qualified to be a member of the fund in Form no. 67.

291. Distribution of account number. –The trustee board shall grant/allocate an account
number to the concerned worker in Form no. 68 in a manner as may be prescribed by the board,
and shall inform every member regarding such number.

292. Secretary of the board. – The members of the trustee board shall appoint a Secretary from
among the members other than the Chairman.

293. Meeting of the trustee board. – (1) The board Secretary shall, in consultation with the
Chairman, determine the date, venue and time of every meeting and , at least 07 (seven) days
prior to such date, send a notice with the agenda, to every trustee through registered post or any
other manner as may be acceptable to the trustees. However, in case of emergency meetings, the
notice can be sent 03 (three) days prior to such meeting.

(2) The Chairman shall preside over every board meeting. If the chairman is absent in any
meeting, the vice-chairman shall preside and he shall exercise all the powers of the Chairman
including signing the resolution of such meeting.

(3) In order to constitute the quorum of trustee board meeting, at least 03 (three) members,
including at least one representative of the employer and workers, and 01 (one) trustee shall be
required to be present.

(4) If in any meeting, the quorum is not constituted within 01 (one) hour with the present
trustees, the meeting shall be postponed and must be held within the next 10 (ten) days. If the
quorum is not constituted in the following meeting, it shall be postponed for a third time. The
quorum of such third meeting shall be considered to be constituted with the presence of any
number of trustees.

(5) Every matter regarding the provident fund of the establishment shall be raised in the board
and decision shall be taken through vote of the majority of the present trustees. If the number of
votes is equal regarding any matter, the Chairman shall give the casting vote. The vote can be

155
given by raising hand. However, if the majority of the present trustees demand secret ballot, the
vote shall be held in secret ballot.

294. Minutes of the meeting. – The minutes of the meeting, mentioning the name of the present
trustees, along with other matters, shall be sent to every trustee within 07 (seven) days from the
day of such meeting. The minutes of the meeting shall be required to be approved on the
following meeting. The meeting minutes should be sent to the Government within 07 (seven)
days of being approved.

295. Subscription. – (1) The rate of subscription payable for the provident fund under this Act
shall be calculated on the basis of basic wages. 8% of the basic wages shall be deducted as
subscription. The employer shall, before paying the wages, deduct the subscription for the fund
and add his own subscription of equal amount and deposit it in the fund by bank draft or check
within 15 (fifteen) days from the completion of every month.

(2) The employer shall send an overall monthly report to the board within 15 (fifteen) days from
the completion of every month. The amount of deducted money from every worker and the
amount of money paid by the employer for such worker shall be mentioned in such report.

296. Current account. – The Secretary shall deposit the bank draft or check received from the
employer to a scheduled bank as may be determined by the board. The account of the trustee
board shall be administered by joint signature of 03 (three) members. Among them, at least 01
(one) member shall be from worker’s party.

297. Return. – Within 15 (fifteen) days of the completion of every month, the employer shall
send a return to the board which shall contain–

(a) A list with full description of the workers who have become qualified to be members of the
fund in the previous month.

(b) A list in prescribed form with full description and name of the workers who have left the
employment of the employer in the previous month.

298. Record of Accounts by the Employer.- The employer shall maintain an account of his
portion and subscription of the worker paid to the provident fund in such manner as may be
prescribed by the board from time to time.

299. Account of provident fund. – (1) The total amount of money collected from the
subscription of members and employers shall be deposited in a bank account titled ‘Provident
Fund Account’. The account of the subscription of the employer and workers and the interest
should be shown separately in the register.

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300. Annual report on the working procedure of the fund. – (1) The board shall submit a
report to the employer with a description of the fund’s account of the previous year in Form no.
81 (k) within 30th March of every year.

(2) The employer shall, after receiving the account description from the board, submit a copy
thereof to the Department of Factory and Establishment Inspection.

301. Revenue account. – A revenue account should be opened where all interest and other
investments, benefits earned and any money forfeited of the fund shall be deposited separately.
In the same manner, the money spent for selling securities, decrease due to decreasing price of
securities, security tax and grants should be shown in the expenditure.

302. Member’s account. – (1) one ledger account for each member should be opened in the
fund office where the followings should be deposited:

(a) The subscription paid by him;

(b) Subscription provided by the employer in favour of the worker;

(c) Interest; and

(d) Proportional amount of the benefit received from the investment.

(2) Within 03 (three) months of completion of every year, the board secretary shall examine the
matters exhibited in the account of every member and if he finds any error he shall correct it and
deliver a sector wise account signed by him to every worker.

303. Investment of money from the fund. – (1) All the fund money may be invested in the
following securities, according to the decision of the board:

(a) Government promissory note, debenture or any other security:

Provided that, it’s value and the interest payable without condition shall be considered as
Government security in accordance with this Chapter.

(b) Bond, debenture and annuity charged by Government:

Provided that, no money can be deposited in such annuity without establishing seeking fund.

(c) Stock or debenture of any other company the interest of which is ensured by the Government;

(d) Purchasing immovable property situated in Bangladesh. However, such property shall not be
leased and if more than one third of the property is a building, which shall not be more than half
of the lease (reheni) money.

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(2) If any amount of money is spent or suffered loss in any investment, this shall be charged to
the revenue account.

(3) The Secretary shall prepare an annual categorized brief description of the fund property in
Form no. 69 and one balance sheet (by 30th June every year) and shall attach a copy thereof with
the annual report to submit to the Government.

304. Administration cost. – All administrative expenditure of the fund including the salary and
allowances of the employees, audit of accounts and legal expenditure, stationery expenditure,
form, furniture, rent, tax and other reasonable expenditures, shall be borne by the fund, subject to
approval by the Board.

305. Account audit. – (1) The annual accounts of the fund should be audited under the
provisions of the Company Act, 1994.

(2) The auditor appointed under this rules shall submit 03 (three) copies of properly signed and
sealed audit report to the board.

306. Interest. – (1) The interest earned from the revenue account at the end of the year should be
proportionately deposited to the account of every member.

(2) The total interest deposited in the account of the members should be shown as expenditure in
the revenue sector.

(3) Interest should be deposited in the deposit sector of every member starting from the first day
to the last day.

Provided that when the money deposited in the name of any member becomes payable, the
interest should be deposited for the period starting from the first day of the current period till the
month prior to the date when it can be said to be taken for delivery or till the completion of 06
(six) months from the month when returnable money becomes payable, whichever is earlier.

Provided further that, the interest on payment claim or incomplete period shall be paid at the rate
of previous year’s interest and shall be deposited on monthly basis for the incomplete periods

307. Nomination of nominee. – (1) Every member shall provide a nominee in Form no. 41 for
the purpose of receiving money deposited in his name in the fund in the case of his death.

(2) The member may, if he intends, divide the money deposited in his name proportionately
among the nominees in the nomination paper as per his will.

(3) In cases where the nomination is given to a family member, the nomination should be given
to 01 (one) or more than 01 (one) members of the family and no nomination provided otherwise
shall be rejected.

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(4) In cases where the member does not have a family while providing the nomination, he may
nominate any person or persons. However, such nomination shall be considered to be invalid
immediately after the member has a family and the member may nominate 01 (one) or more
members from his family.

(5) If any nominee dies before the member, the interest of such nominated person shall be vested
in the member again. In this situation, the member may, if he intends, provide new nomination
regarding such interest.

(6) The nomination provided by the member in accordance with these Rules may be amended at
any time after submitting a written notice.

(7) Any nomination and any amendment thereof shall take effect from the date of it being
received by the secretary.

308. Payment of money deposited of the deceased member. – If any member dies before the
money becomes payable or after it becomes payable but before it is paid –

(a) In cases where there is legal nomination, the money deposited in the name of the member or a
part thereof shall be payable to such nominated person or persons in accordance with such
nomination.

(b) In cases where no nomination is in existence, or if the nomination is not applicable for any
portion of the money deposited in the fund, the full deposit or the portion on which the
nomination is not applicable, shall be payable to the family members of the deceased person in
accordance with the Act.

309. Payment of the provident fund money. – (1) In cases where any money deposited in the
name of a member or the money left after deduction in accordance with these Rules becomes
payable, the Secretary shall close the account of such member and shall send a written notice, to
the person to whom the money is payable, after determining the amount of money payable
thereto.

(2) If any dispute or suspicion arises regarding any portion the money payable, in such cases the
portion regarding which there is no dispute or suspicion shall be paid immediately and the
disputed portion should be settled as soon as possible.

310. Annual description of member’s account. – (1) As soon as possible after completion of
every year, the secretary shall deliver to every member a written and signed description of the
opening balance at the beginning of the year, amount of subscription deposited in the year,
amount of interest at the end of the year and the balance at the end of the year.

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(2) The members shall be ensured regarding such annual account and if there is any error, they
shall inform the secretary for amendment/correction within 03 (three) months of the receipt of
such description.

311. Receiving advance from the fund. – (1) Any member may receive advance from the
balance money deposited in his account. However, the trustees may, according to their
consideration, grant advance in the following situations or any other situations, subject to
imposed conditions: –

(a) To bear the expense for medical treatment of any subscription payer or any member of
his family;

(b) To bear the expense of wedding, funeral or any other rituals essential according to the
religion of any subscription payer or any member of his family;

(c) To bear the expense of construction of houses or purchasing home/flat or purchasing

land to construct house. However, such house/flat/land should be mortgaged to the trustees.

(d) To deposit premium of life insurance of any subscription payer or his wife. However, the
insurance bond should be submitted to the trustees or the trustees may keep it in their
custody, and the premium receipt issued by the insurance company should be handed over
to the trustees form time to time for the purpose of showing it to the Deputy Commissioner,
Income Tax.

(2) No advance, in any case, shall be more than 80% of the total balance of tax-free subscription
and benefit deposited in the account of a member and no subsequent advance shall be granted
unless the first received advance is paid.

(3) The money received as advance should be paid in equal monthly installments within a period
of 60 months:

Provided that no installment shall be greater than one third of the monthly basic wages of the
receiving worker.

(4) The basic advance shall be paid in installments, and 01 (one) additional installment should be
paid as interest of the advance, after the basic advance is paid.

(5) The money deposited in this fund shall be considered to be the money of the members. The
employer shall not be able to receive any advance or loan for his establishment or any other
business purpose or for his personal necessity.

312. Management of board activities. – All order and instruments shall be delivered and issued
in the name of the board. Such matters can be attested by any officer authorized by the board.

313. Punishment for violation, etc. – (1) If any person –

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(a) Fails, without adequate reason, to pay any subscription payable in accordance with these
Rules; or

(b) Deducts or tries to deduct employer’s portion from the wages of the member or any other
remuneration; or

(c) Fails or denies to submit any return, description or any other document which is required or
has been ordered to be submitted in accordance with these Rules; or

(d) Submits any false return, description or instrument or provides false statement; or

(e) Is guilty of not performing any other requirement or violating any provision of these Rules;

He shall be punishable under Section 298 of the Act.

CHAPTER XVIII
APPRENTICESHIP

314. Competent authority. – Person appointed by the Government as Inspector General in

accordance with section 318 of the Bangladesh Labour Act shall be considered as competent
authority.

315. Constitution of tri-party advisory committee.– (1) Under Section 276 of the Act, the
“Tri-party Advisory Committee” regarding apprenticeship shall be constituted of 01 (one)
Chairman, 1 (one) member-secretary, along with one representative each from the Government,
owner and worker.

(2) The Secretary of Ministry of Labour and Employment of the Government of Bangladesh
shall be the Chairman of the committee.

(3) the Inspector General of Factory and Establishment Inspection Department shall be the
Member Secretary of the committee.

(4) 01 (one) representative from the Department of Labour, Department of Vocational Training
and Department of Industry shall be nominated as members of Government parties in such
committee;

(5) The representatives of employer’s party and worker’s party shall be nominated in
consultation with the organisation or establishment with highest representation of the employers
and workers.

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316. Working period of the committee. – (1) The term of the working period of the committee
shall be 02 (two) years from the publication of their appointment by a notice in the official
gazette. A member shall continue his responsibility even after 02 (two) years until another
person has been appointed at his position by notification in the official gazette.

(2) If the membership of any member is terminated before the completion of this period or he
becomes disqualified for any other reason, he will be able to be re-appointed.

(3) If any membership position is vacant due to death, resignation or any other reason, the
Government shall fill up that position not prejudicing the interest of representation.

(4) Any member may resign from his post by sending a written notice to the Government and his
post shall be vacant when the Government accepts his resignation letter.

(5) If it is considered that keeping any member in the committee is not favourable for public
interest due to his misconduct or any other reason, the Government may remove such member.

(6) If any person is appointed to fill up a temporarily vacant post, he can hold such post only for
the rest of the working period of the committee.

317. Meeting. – (1) At least 02 (two) meetings shall be held every year at a gap of 06 (six)
months. However, the meeting of the committee can be organised as many times as the
Chairman may think necessary. The Member Secretary, in consultation with the Chairman, shall
call for the meeting of the committee by sending a written notice to every member.

(2) The Chairman shall preside over every meeting and in his absence, any Government member
assigned thereby shall preside over the meeting.

(3) The quorum of the meeting shall be constituted with the attendance of 06 (six) members
including the Chairman. The other 03 (three) members except the Chairman should be 01 (one)
representative of the government, 01 (one) representative of the employer and 01 (one)
representative of the workers, respectively:

(4) Decisions will be taken through the vote of the majority of members attending the meeting
and in cases where the number of votes is equal for both parties, the Chairman may give the
casting vote.

318. Duties of the committee. – The committee will have the following duties: –

(1) Advising the competent authority regarding implementation of Chapter 18 of the Act;

(2) Determining the necessity for training and sending recommendations to the competent
authority regarding necessary measures to be taken for the development of training activities for
general workers or especially the apprentice workers.;

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(3) Advising the competent authority regarding the minimum educational qualification,
curriculum, duration of the course, examinations, classifications and other necessary matters of
the apprentice during admission.

(4) If the committee thinks necessary, 01 (one) or more subcommittees can be constituted to
provide support to the committee in a specific matter and technical experts can be nominated to
work in the committee or subcommittee.

319. Apprenticeship policy of the establishment: (a) The employer of an establishment which
carries out apprenticeship of workers, he may formulate his own apprenticeship policy.

(b) The owner must obtain approval from the Government in the event he formulates an
apprenticeship policy.

(c) Such policy cannot be below the standard of the Act and these Rules.

320. Obligation of the employer. – (1) The employer, to whom the provisions of CHAPTER
XVIII are applicable, shall submit to the competent authority a list of occupations where
apprentices may be appointed, the number of people engaged in various classes of such
occupation and the number of persons engaged as apprentice in accordance with Section 277 of
the Act. Such list should be sent within 30 (thirty) days of the publication of the notification
declaring a list of special apprentice able occupations.

(2) If any person has been appointed in the apprentice able occupation, it should be informed to
the competent authority within 30 (thirty) days of such appointment.

(3) In order to approve an apprenticeship program in his establishment or if the apprenticeship

programme is already in existence, every employer should review it in accordance with the
advice letter of the Government sent according to the Rules. And that should be submitted within
01 (one) month of such advice taking effect.

321. Providing technical advice and directions. – (1) The competent authority may, in
consultation with the committee, issue directions regarding the following matters, from time to
time:

(a) Practical and theoretical subject matter and curriculum for various apprentice occupations;

(b) Duration and starting time of apprenticeship of various occupations;

(c) Determination of the procedure and conditions of promotion to a higher class followed by
training or being retained in the same position for unsatisfactory progress of apprenticeship;

(d) Alternate examinations of apprenticeship;

(e) Minimum educational qualification of the trainers of apprentice occupation;

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(f) Procedure of examination to test apprenticeship and issuing certificate;

(g) Condition of continuation of apprenticeship training;

(h) Conditions for appointment to employment after apprenticeship; and

(i) Any other matter related to apprentice able occupation.

(2) While issuing advice under Sub rule (1), the Government may, call for recommendation from
people engaged in the relevant industry or business.

322. Appointment. – (1) For the purpose of selecting any person to be appointed as an
apprentice in his establishment, the employer shall follow the following procedure:

(a) Using various media of advertisement and providing notice in the nearest employment
investment center regarding vacancy of apprentice able occupation;

(b) Giving a written exam to the qualified candidates; and

(c) Interviewing the candidates who pass the written exam.

(d) Women and people with disability shall get preference in apprenticeship.

(2) The minimum age of enrolment of an apprentice should be 17 (seventeen) years and the
maximum age should be 25 (twenty five) years. However, the competent authority may relax this
age limit in case of any person who has been in employment before.

(3) During the enrolment of apprentice, the employer shall at his own expense make
arrangements to examine the health of such person by a registered medical practitioner in
accordance with Form no. 15 and shall maintain the information of the certificate in Form no.
15 (A).

(4) The date of interview of the apprentice should be communicated to the competent authority
and he may, if he intends, assign one officer to be present at the final selection.

(5) No apprentice can be appointed without being provided with an appointment letter and
identity card in accordance with Section 5 of the Act.

323. Apprenticeship contract. – Prior to appointment in apprentice occupation the employer

and the apprentice shall enter into a contract between themselves in Form no. 70. This contract
shall be titled as ‘Apprenticeship Contract’ and both of parties shall be obligated to comply with
the conditions thereof. If the age of the apprentice is below 18 (eighteen) years, his parents or
legal guardians shall also be required to sign the contract. There shall be 03 (three) copies of the
contract paper; the employer and the apprentice shall keep 01 (one) copy each with them and
another copy should be sent to the competent authority for its records.

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324. Duration of apprenticeship. – The duration of apprenticeship should be mentioned in the
apprenticeship contract. The duration of apprenticeship can be of various kinds in accordance
with the Government advice declared in accordance with these Rules.

(2) If any apprentice has received any vocational or technical training from any governmental or
approved organization or institution for some days prior to appointment, the duration of
apprenticeship thereof can be partly exempted, however, that extension shall not be more than
half of the total duration of the apprenticeship.

(3) The employer may, if he intends, terminate the apprenticeship with prior notice of 01 (one)
week, if within the first 03 (three) months of the apprenticeship, he thinks that the apprentice is
not eligible. And the apprentice may, if he intends, terminate his apprenticeship by serving a
prior notice of 01 (one week) (after informing the competent authority).

Provided that if the apprenticeship is terminated prior to the specified period, the employer shall
issue a certificate to him.

325. Examination and certification. – (1) Every employer shall constitute five member board
and the members must be competent in the particular field. The employer must communicate this
to the competent authority.

(2) The board shall make arrangements to give terminal, annual and final test and examination
for the apprentices of various occupations. The board shall follow the procedure as determined
by the government. The examination result should be recorded in Form no. 71. The apprentices
who pass the final examination should be provided with a certificate in Form no. 72.

(3) The board shall be responsible for setting question papers, making arrangements for giving
practical exam and giving marks to the apprentices based on these exams.

(4) The date of the final exam should be informed to the competent authority and the competent
authority may, if he thinks necessary, assign 01 (one) officer to participate in the work of giving
final exams, declaring the results and issuing certificates.

326. Providing stipends for apprenticeship. – (1) The employer shall provide daily, weekly
and monthly stipend to the apprentice during his apprenticeship in the following manner:

First year of apprenticeship: 60% of the total wages of any competent worker appointed in the
same grade of the concerned occupation.

Second-year of apprenticeship: 70% of the total wages of any competent worker appointed in
the same grade of the concerned occupation.

Third year of apprenticeship: 80% of the total wages of any competent worker appointed in the
same grade of the concerned occupation.

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(2) If the duration of the apprenticeship training is more than 03 (three) years, the stipend of the
apprentice shall be equal to the total wages of any competent worker appointed in the same grade
of the concerned occupation.

(3) No apprentice should be provided with a stipend according to piece rate (furon).

(4) Besides the arrangements mentioned above, any employer may give higher stipend or other
commendation to the apprentice for excellent progress in training.

(5) If the apprentice is not promoted to a higher grade of training, he shall receive stipend at the
rate of the grade he has remained in.

(6) After the completion of the duration of apprenticeship, the employer may, if he intends,
appoint him as competent worker of the same grade for the concerned occupation.

327. Working hour, leave and closure. – (1) The working hour, leave and closure of any
apprentice shall be similar to other workers appointed in the concerned establishment and that
shall be regulated by the Labour Act and Rules.

(2) There shall be no arrangement of overtime work for any apprentice in any apprenticeship
program. If in any case an apprentice is required to work for additional hours in the interest of
the apprenticeship program, the competent authority may provide approval in this regard.
However, this shall be subject to the payment of additional stipend at similar rate of overtime
and allowance prescribed by the Labour Act and these Rules.

328. Providing training materials. – Every apprentice should be provided with necessary
equipments, factory uniform, appliances, books, drawing equipments, raw materials, etc. as
required for the training. These appliances should be considered as the property of the employer.

329. Conducting and supervising the apprenticeship program. – (1) The employer shall
ensure appropriate and effective supervision, guidance and regulation of apprentices and for this
purpose he shall appoint one or more competent persons based on the number of apprentices
either on full-time or part-time basis and they will be given the responsibility of conducting the
apprenticeship program in proper manner. Such persons shall be responsible directly to the
employer.

(2) In any establishment where there are 50 or more apprentices engaged, there shall be as self-
sufficient apprenticeship training department.

(3) In any establishment where the number of apprentice persons is less than 20, 01 (one) officer
of that establishment shall be assigned with additional responsibility to conduct the
apprenticeship training program with support from 01 (one) apprenticeship trainer (who can be a
Shop Foreman or Supervisor).

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330. Relevant theoretical training. – (1) The employer shall make arrangement, either
individually or jointly with 02 (two) or more employers, for theoretical training of the
apprentices in accordance with directions issued by the competent authority.

(2) No deduction shall be made to the stipend for the training period of any apprentice person
who attends the theoretical training.

(3) In cases where various employers jointly make arrangements for theoretical training, they
shall carry the determined expenses in proportion to the plan approved by the competent
authority.

331. Transfer of apprentice. – For the purpose of training, 01 (one) apprentice can be
transferred from the establishment of one employer to an apprenticeable occupation of another
employer, subject to the mutual consent of concerned employer and the apprentice and prior
approval of the competent authority.

332. Termination of apprenticeship training prior to the completion of the period. – After
completing the probationary period (abekkhokal), any apprentice may, subject to the approval of
competent authority, complete his training prior to the specified date, if for any reasonable cause
the concerned parties are unable to comply with the provisions of the Act of Rules regarding
apprenticeship and the conditions of the contract.

333. Changing occupation. – If changing occupation is necessary for the interest of

apprenticeship training, the main occupation of an apprentice person may be changed only by
informing the competent authority.

334. Maintenance of records and submission of prophecy report. – (1) Every employer shall
maintain one apprentice register regarding every apprentice person in Form no. 73, and shall
send 02 (two) copies thereof to the competent authority immediately after starting the
apprenticeship year. The competent authority shall send back a copy of such form with the
registration number after registering every apprentice in specific column and shall keep another
copy thereof in his office as record. If anything related to apprenticeship changes afterwards, that
should be informed to the competent authority for the purpose of amendment in the record kept
in his office.

(2) Every employer shall maintain proficiency report for every apprentice person in Form no. 74
and the competent authority or any person assigned by him shall retain such a copy for his
inspection.

335. Dispute resolution. – If any dispute arises between the employer and apprentice regarding
the training, it should be placed before the competent authority and the decision of the competent
authority shall be final in this regard.

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 CHAPTER XX
ADMINISTRATION, INSPECTION, ETC.

336. Powers and functions of Director of Labour. –Under Section 317 of the Act, the Director
of Labour or any officer authorized thereby, in addition to the powers and responsibilities
conferred under the Act or these Rules, shall be able to exercise the following powers, for the
purpose of implementation of this Act –

(a) He may enter into the office of any registered trade union or federation or into any house
regarding which there is reasonable ground to believe that it is an office of a registered trade
union or federation. He may inspect the office or the building or any book or
instrument/document and, for the purpose of implementation of this Act, may ask for
clarification or take testimony of any person.

(b) He may take into custody any file, books, instrument or document of any registered trade
union or federation or confederation of trade unions for a period of not more than 30 days.

(c) If the executive officers of any registered trade union or federation or confederation of trade
unions, without reasonable ground, fails or denies to hand over the files, account books and
documents and funds to the newly appointed executive board, the Director of Labour may, upon

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the application of the General Secretary or the President of the newly appointed executive board,
order that such account books and funds be submitted to the newly appointed executive board.
Any person aggrieved by this order may prefer an appeal to the Labour Court within 15 days.

(d) For the purpose of exercising his powers or performing of his duties for the implementation
of Chapter XIII of the Act, he may take any necessary measures to enter into any industrial
establishment, places, buildings and premises to investigate or carry out the relevant duty.

(e) For the purpose of Chapter XIII of this Act, the Director of Labour may call for any relevant
record, register or any other instrument from any workers’ organization or employer’s
organization. And the workers’ organizations and employer’s organizations should provide any
other additional relevant information to the Director of Labour as per his demand.

(f) He may, subject to the approval of appropriate authority, prepare, publish and deliver the
Bangladesh Labour Act, and relevant Rules, national and international
instruments/conventions/declarations regarding labour rights, instruments/information regarding
labour sector, workers, registration of unions, number of union members, settlement of disputes-
demands, case filing and documents related to trade unions.

(g) He may organize training courses and workshops with an aim to increase the knowledge and
skills of the concerned parties regarding Bangladesh Labour Act, and relevant rules, national and
international instruments/convention/declaration regarding labour rights, instruments/information
regarding labour sector, workers and trade unions.

(h) He may take initiatives to observe various recognized national and international days related
to the rights of workers and trade unions.

(i) The Director of Labour or any person designated by him shall maintain confidentiality of
trade secret of an establishment, if they come across it, in the course of carrying out their duties
and functions.

337. Powers and functions of Inspector.– Under Section 319 of the Act, the Inspector General
or any officer authorized thereby, in addition to the powers and responsibilities conferred in the
Act or this Rule, shall be able to exercise the following powers, for the purpose of
implementation of this Act –

(a) After receiving any complaint from any party (workers/resident representative) regarding
violation of any rights ensured by the Act and the Rules, he may conduct enquiry and
investigation within 10 (ten) working days of receipt of such complain. He may order the
concerned party to take necessary measures in accordance with the Act, or file a case in the
Labour Court.

(b) And he may enter into any business place or premises of any employer or worker to whom
the minimum rate of wages under this Act is applicable and may call for any registered, wage

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register, record of the wages paid to the workers and other records related to payment account of
wages. He may also, for the purpose of this Act, use his power to take testimony of any person
on the spot or at any other place. For the purposes of upholding the provisions of this Act he may
also exercise necessary powers. He may also, for the purposes of realization of any dues or
outstanding payments, file a complaint before the Labour Court. However, in all circumstances
he shall maintain confidentiality in relation to the trade secrets.

(c) He may, subject to the approval of appropriate authority, prepare, publish and deliver the
Bangladesh Labour Act, and relevant Rules, national and international
instruments/convention/declaration regarding labour rights, instruments/information regarding
labour sector, workers, registration of unions, number of union members, amicable settlement of
disputes-demands, case filing and documents related to trade unions.

(d) He may organize training courses and workshops with an aim to increase the knowledge and
skills of the concerned parties regarding Bangladesh Labour Act, and relevant rules, national and
international instruments/convention/declaration regarding labour rights, instruments/information
regarding labour sector, workers and trade unions.

(e) He may take initiatives to observe various recognized national and international days related
to the rights of the workers and trade unions.

(f) The Inspector General or any person so assigned shall maintain confidentiality in relation to
the trade secrets of an establishment, if they do come across such information in the course of
carrying out their functions and duties.

(g) The Inspector while inspecting a factory or establishment shall emphasize on the overall
work environment including benefits for the women workers and workers with disability.

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 CHAPTER XXI
MISCELLANEOUS

338. Sending a notice to the Inspector General prior to starting work. –

(1) A notice in accordance with Section 325 of the Act should be submitted in 02 (two) copies to
the Inspector General or concerned Deputy Inspector General in Form no. 75. After scrutinizing
the notice, the inspector will sign on it and send 01 (one) copy back to the employer. If any
information is changed at any time, it shall be immediately communicated to the Deputy
Inspector General in the same manner.

(2) The inspector, if he thinks necessary, may direct the employer or owner of such
establishment to provide some information in addition to the information mentioned in such
form.

(3) The employers or owners of establishments which fall under the jurisdiction of this Act after
the commencement of this Act shall also send a notice in accordance with such Section and on
the direction of the inspector.

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(4) Such notice in Form no. 75 is operated by the employer with assistance of family members
and it shall also be applicable to the factory/establishment where any worker is appointed not in
exchange of wages.

339. Approval of layout plan of the factory and layout plan of extension. –

(1) Before using any house, building or premises or extension thereof as factory, prior written
approval taken from the Inspector General or any officer authorised thereby.

(2) The application for prior approval should be in Form no. 76. The following documents
should be attached with the application:

(a) A list with description of production flow chart;

(b) 02 (two) sets of designs in ammonia or blueprint; it shall contain –

(i) The site plan with location and entrance passage, drainage system and boundary;

(ii) Elevation and sectional elevation of different buildings, arrangement for normal lights,
ventilation, position of machines, dining room, toilets, fire exits and floor plan;

(c) The layout plan of the building issued by local authority/appropriate authority; and

(d) Other information as per the requirement of the inspector general.

(3) The inspector general shall, upon being satisfied, return after approval a copy of the layout
plan submitted in accordance with Sub rule (2) and the approval shall be subject to his conditions
(if any) as the case may be, or approve the extension/alter/amendment layout plan, or shall ask
for other description for the purpose of approving the layout plan.

(4) No change can be made in the approved layout plan without written approval from the
Inspector General.

(5) If the factory building is pucca and multi-storied the certificates of structural design, soil test
issued by the Government (BNBC) and building construction certificate issued by recognized
engineering organizations should be attached with the application.

340. Application for registration and issuance of license for factory, industrial
establishment, commercial establishment, shop and contractor establishments. –

Every employer or owner shall be required to submit an application to the Inspector General in
Form no. 77 (02 (two) sets) for registration and issuance of license for any factory/industrial
establishment/commercial establishment, shop and contractor establishment in accordance with
the following timeframe:

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(a) In case of existing or in-production factories, industrial establishments, commercial
establishments, shops and contractor establishments to which the Bangladesh Labour Act, 2006
is applicable, the timeframe is 06 (six) months from the commencement of these Rules; and

(b) In case of in-production factories, industrial establishments, commercial establishments,

shops and contractor establishments which are going to be established or going to start
production after the commencement of these Rules, the timeframe would be at least 30 days
before the establishment starts working.

341. (A) License, registration fee and issuance of license. –

(1) The Inspector General shall, upon receipt of fees in accordance at the rate fixed in the
following schedule, issue a license in Form no. 78 and he shall maintain information regarding
the issuance, and renewal and amendment of license in Form no. 79.

(2) The duration of every license shall be effective till 30th June of the fiscal year when the
license was issued.

(3) The application for renewal of license should be submitted to the Inspector General in Form
no. 77 after submitting the renewal fee equal to the determined fees before the date of expiry of
such license.

(4) The license shall be considered to be automatically invalid if it is not renewed by submitting
late fees in accordance with the Rule within the following 01 (one) year after the date of expiry.

(5) The license or a copy thereof is required to be displayed in an open place of the factory,
industrial establishment, commercial establishment, shop or contractor establishment.

(6) If the application has not been submitted after the renewal fee has been deposited in
accordance with Sub rule (3) within the specific time frame, an application can be submitted
within the following 03 (three) calendar months by submitting 25% additional fee, even without
taking any measures in accordance with the Act and Rule. If a period of more than 03 (three)
months has passed, the additional fee shall be 50%. If the application is not submitted within 06
(six) months, 100% additional fees should be submitted.

Provided that, if any part of the renewal fee is submitted within the specific date, the additional
fee should be charged only on the due portion.

Schedule

Rate of fees for issuance and renewal of license for factory, industrial establishment, commercial
establishment, commercial bank, insurance company have been ascertained. However, such fees
are subject to change from the time to time:

1. For Factories:

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Serial Maximum number of Fees for license Fees for license
No. workers/employees to be engaged (taka) renewal (taka)
on any day of the year
A 5 to 30 500 300
B 31 to 50 1000 7,00
C 51 to 100 1500 1,000
D 101 to 200 2500 1,800
E 201 to 300 3000 2,200
F 301 to 500 5000 3,500
G 501 to 750 6000 4,800
H 751 to 1000 8000 5,000
I 1001 to 2000 10,000 7,000
J 2001 to 3000 12,000 8,400
K 3001 to 5000 15,000 10,000
L 5001 to more 18,000 12,000

2. For Industrial Establishments (except factories and contractor establishments):

Class Maximum number of Fees for license Fees for license

No. workers/employees to be engaged (taka) renewal (taka)
on any day of the year
Mini 0 to 5 300 150
A 6 to 25 500 300
B 26 to 50 1,000 700
C 51 to 100 1,500 1,000
D 101 to 200 2,500 1,800
E 201 to 300 3,000 2,200
F 301 to 500 5,000 3,500
G 501 to 750 6,000 4,800
H 751 to 1000 8,000 5,000
I 1001 to 2000 10,000 7,000
J 2001 to 3000 12,000 8,400
K 3001 to 5000 15,000 10,000
L 5001 to above 18,000 12,000

3. For Commercial establishments (except clubs/hotel/restaurant/bank/insurance):

Class Maximum number of Fees for license Fees for license

No. workers/employees to be engaged (taka) renewal (taka)
on any day of the year
A 1 to 10 500 300
B 11 to 30 1,000 700
C 31 to 50 1,500 1,000
D 51 to 100 2,500 1,500

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E 101 to 300 3,500 2,000
F 301 to 500 5,000 2,500
G 501 to 750 6,000 3,000
H 751 to 1000 7,500 4,000
I 1,001 to more 10,000 5,000

4. For Commercial banks and insurance companies:

Class Maximum number of Fees for license Fees for license

No. workers/employees to be engaged (taka) renewal (taka)
on any day of the year
A 1 to 30 5,000 3,000
B 31 to 50 7,000 4,000
C 51 to 100 10,000 7,000
D 101 to 300 12,000 9,000
E 301 to 500 15,000 10,000
F 501 to 750 17,000 12,000
G 751 to 1,000 18,000 15,000
H 1,001 to more 20,000 17,000

5. (A) Shop/superstore/club/restaurant (B) residential hotel (C) production

industry/establishment which is not a factory:

Class Maximum number of Fees for license Fees for license

No. workers/employees to be engaged (taka) renewal (taka)
on any day of the year
A 0 to 01 100 50
B 02 to 03 200 70
C 04 to 06 400 100
D 07 to 10 500 200
E 11 to 15 1,000 300
F 16 to 20 1,500 500
G 21 to 25 2,000 700
H 26 to 30 3,000 1,000
I 31 to 35 3,500 1,500
J 36 to 40 4,000 2,000
K 41 to more 5,000 3,000

6. Classification, license, renewal fee and bond as security of contract organizations:

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Serial Number of Classification License fee Renewal fee Bond as security
employees (taka) (taka)
1 1 to 200 A 20,000 5,000 2,00,000
2 201 to 500 B 30,000 7,000 3,00,000
3 501 to 700 C 40,000 10,000 4,00,000
4 701 to 1000 D 50,000 15,000 5,00,000
5 1001 to 2000 E 60,000 18,000 6,00,000
6 2001 to 4000 F 75,000 20,000 7,50,000
7 4001 to more G 100,000 25,000 10,00,000

(B) Amendment of license. –

(1) The Inspector General may amend any license issued in accordance with Rule 340.

(2) If any amendment of the license is required due to increase or decrease in the number of
workers in any factory, any change in name, address and ownership of any industrial
establishment, commercial establishment, shops and contractor establishment, an application in
Form no. 77 shall be submitted to the Inspector General with description of the nature of such
amendment. In all cases except shops and amount of Taka 500 and for shops and amount of Taka
200 should be submitted for such amendment and in addition, it shall also be required to pay the
fee applicable for increasing category of that factory or establishment (excluding the fee paid
during the issuance of the first license).

(3) In case of change of ownership, the information related to payment of dues and benefits of
the workers, who were employed under the previous owner, should be attached with the
application.

(C) Losing license. –

(1) If the license is lost or accidentally damaged, the applicant must file an application with the
Inspector General in Form No. 77. One duplicate copy thereof may be issued after submitting a
fee of Taka 1000 and for shops Taka 500.

(2) In such cases, a notification should be published in a newspaper or a General Diary should be
filed is in the concerned police station and an attested copy thereof shall be submitted with the
application.

(D) Cancellation or suspension of license. –

(1) According to these Rules, if any employer permanently closes any establishment or becomes
unable to operate his business, the reason behind such closure should be submitted with the
original copy of the license to the inspector. The license maybe cancelled upon scrutiny.

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(2) If it appears to the inspector that, any establishment or any part of it or any matter or
procedure related or controlled by it is dangerous for life and security of people and it is
defective in such a way that it can cause physical damage to people, the inspector may direct that
the license be suspended and production be temporarily closed.

(3) If anyone intends to re activate any cancelled or suspended license which was cancelled or
suspended in the previous year, a renewal fee at double the rate should be paid for every year
from the fiscal year when it was cancelled or suspended.

(E) Online functions by using the Internet: The Inspector General or any officer assigned may
for the approval of lay-out plan, license issuance and renewal, change of classification and
permission of expansion of any factory, industry, commercial institution, etc, can do so online
with the help of the internet. However, all parties must retain a hard copy of the documents for
reference.

342. Payment of fees. –

With all applications made under these Rules the Treasury Bill (Chalan) of the fees paid in
account No. “1-3143-0000-1854” must be attached.

343. Appeal filed against any order of inspector and settlements thereof. –

(1) Any appeal under Section 327 should be submitted in the form of a memorandum. The
reason behind objections against such order should be briefly described. The court fee stamp
should be attached with the memorandum in accordance with the provisions of paragraph 11 of
Schedule XI of Court Fees Act, 1870. 01 (one) copy of the order against which the appeal was
submitted should be attached with the memorandum.

(2) After providing necessary opportunity of hearing, the appellate authority shall settle the
matter within 60 days of receipt of such application.

(3) After determining the date and place of hearing, the appellate authority shall send a notice to
the applicant and the Inspector General or the inspector as the case may be.

(4) If the applicant has requested in his application that an assessor be appointed, he shall be
required to mention the name of the registered association he is a member of.

(5) If there is a request for appointing an assessor or if the appellate authority thinks necessary, it
shall arrange hearing of the application with the assistance of 02 (two) assessors in accordance
with Sub rule (1) and one of such assessors should be appointed by the appellate authority and he
shall request any representative organization to appoint another assessor. If such representative
organization does not appoint an assessor within the determined time frame, or their
appointed/nominated assessor fails to appear at the particular place on the specific time the

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appellate authority may continue the hearing without the assessor, if it thinks that such absence
does not have any reasonable ground.

(6) If there is no request from the applicant to appoint an assessor, the appellate authority may
settle the appeal procedure without any assessor.

(7) If the applicant has requested to arrange the hearing with the assistance of assessor in
accordance with Rule (5), the appellate authority shall, after receiving the memorandum, direct
the applicant to deposit the fee for assessor.

(8) If the applicant has not mentioned about the association he is a member of, the appellate
authority may request any competent association to appoint an assessor.

(9) The appellate authority shall determine the fees for the assessor, appointed under sub rule 5,
at a maximum rate of Taka 300 for every hearing. He shall also get actual travel expense. The
fees or travel allowance of the assessor shall be paid by the Government, however in cases where
the assessor has been appointed as per the request of the applicant, according to the Sub rule (7)
the applicant shall pay for the travel allowance of the assessor and any surplus money shall be
returned to the applicant.

344. Issuance of notices and submission of description. –

(1) Any order in accordance with Section 333 (a) of the Act should be issued in the following
manner:

(a) Serving written notice by hand or through post;

(b) Through publishing general circular;

(c) Through gazette notification.

(2) According to Section 333 (b) of the Act, the employer or manager of an establishment shall
submit 02 (two) sets of descriptions to the Inspector General within the following time frame:

(a) Half yearly description in Form no. 80 within 15th July

(b) An old description in Form no. 81 within 15th February

345. Maintenance of records. – All notices, orders, receipts, certificates, instruments and
registers should be maintained by the management authority for the following 03 (three) years
and it should be submitted before the inspector as per his demands.

346. Mentioning summary of acts, rules and regulations and the address of Inspector
General's office. –

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According to Section 337 of the Act, the summary of Acts, Rules and Regulations should be
written in simple Bengali and displayed for the workers. The address, e-mail address, web
address and telephone number of the Inspector General, Deputy Inspector General and office of
the factory/establishment inspector of the concerned area, name and address of that
establishment and address and phone number of registered medical practitioner appointed in such
factory should also be displayed.

347. Court fees in general matters. –

(1) No court fees or any kind of fee for any kind of application, proceedings or appeal in
accordance with Section 346 of the Act shall be required to be paid. However, in case of serving
summons for witness, Taka 10 for every witness shall be payable:

Provided that, the Court may partially or fully waive the said fees by taking into account the
financial condition of the applicant.

Provided that such fees shall not be payable in case of the application submitted by any officer
authorized by the government.

(2) The Court may determine fees for collection of judgment or copy of any document submitted
there to and any person may collect such copy after paying such fee:

Provided that, the Court may order to provide copies free of cost considering the financial
condition of the applicant.

348. Resolution of grievance.- The Director of Labour or a designated official shall resolve any
grievance within 30 workdays upon receiving an application regarding unfair labour practices
received from an employed worker or any employer of a factory or establishment.

349. Getting the benefits of the Act: As defined in Section 2(65), benefits for those persons
who are employed in an administrative or managerial or supervising role, shall not be less
favorable than those benefits which are applicable under Chapter II, IV, VI, VII, IX, X and XII
of the Act. Provided that benefits under Section 108 of the Act shall not be applicable.

350. Repeal and Savings. (1) The following have hereby been repealed:

(a) The repealed Acts set-out in Section 353 of the Act; &

(b) Bangladesh Apprenticeship Training Policy, 2008

(2) Notwithstanding the repeal of the aforementioned, if:

(a) any act done, or any regulation formulated, or any scheme or any order passed, notice issued
or gazette published, any complaint lodged or any application filed or any steps taken under the

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repealed laws shall be deemed to be valid, provided that they can be reconciled with the
provisions of these Rules and they shall remain valid till they have been amended or repealed.
Furthermore, they shall be deemed to have been taken or initiated under these Rules.

(b) On the date of coming into force of these Rules, if there are any litigation or matters pending
before any Court or Tribunal, the aforementioned repealed laws shall be treated to be in force for
the purposes of disposal of that matter.

(Reviewed and compared by Uttam Das, 12/07/2015)

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