The Factories Act, 1965

The Factories Act, 1965 57
THE FACTORIES ACT, 1965

Act No IV of 1965
September 1, 1965
An Act' to repeal and, with certain amendments, re-enact the Factories Act 1934
(XXI'of 1934).
Whereas it is expedient to repeal and, with certain amendments, re-
enact the Factories Act, 1934 (Act XXV of 1934) for regulating working
conditions in factories and for matters connected therewith.
It is hereby enacted as follows:
CHAPTER!
PRELIMINARY
1. Short title, extent and commencement.-- (I) This Act may be
called the Factories Act, 1965.
(2) It extends to the whole of Bangladesh.
(3) It shall come into force at once.
2. Definitions.--In this Act, unless there is anything repugnant in

the subject or context,-
(a) 'adolescent' means a person who)s completed sixteen years but
has not completed eighteen years of age;
(b) 'adult' means a person who has completed eighteen years of age.
(c) 'child' means a. person who has not completed sixteen years of
age; .
(d) 'day' means a period . of twenty-four hours beginning at
midnight; .
(e) 'explosive substance' includes any material for making any
explosive substance; . .
(f 'factory' means any premises including the precincts thereof
whereon ten or more workers are working or were working on any
day of the preceding twelve months and in any part of which a
manufacturing process is being carried on with or without the aid of
power, but does not include a mine subject to the operation of the
Mines Act, 1923 (IV 1923). .
58 The Factories Act. 1965
(g) 'machineiy'includds prime thovèr, transmission machinery and
other .. appJi,apce, herçy ppe is, gecrad,,,transformed,
transmitted, o applied; ..
h) 'manufacturing process' means anyprocess-

(i) ,for, making altering, repairing, ornamenting, painting and
washing, finishing, or packing, or otherwise treating any articles
or substance with a view,to its use, sale, .traisp'o 'rt delivery,
display or disposal, or
(ii) for pumping oil, gas water, sewage or other fluids or slurries,
or
(iii)for generating, transforming or transmitting power or gas, or
• (iv) for contracting, recons,tructing, repairing, refitting, finishing
or breaking up of ships or vessels, or
(v) for printing by letter press, lithography, photogravure or
other similar work or book-binding which is carried on by way
of trade or for purposes' for 'gain or incidental to another
business so carried on;
(i) 'occupier in relation to a factory means the person who has

ultimate control over the affairs of the factory; .. ..
Provided that where the affairs of a factory are entrusted, to a
managing agent, such agent shall be deemed to be the occupier of
the factory.
(j) 'prescribed' means prescribed by rules made by the

Government under this Act;
(k) 'prime mover' means any engine, motor, or other appliance
which generates or otherwise provides power;
(I) 'relay' means, where work of the same kind is carried out by two
or more sets of workers working during different periods of the day,'
each of such sets;
(in) 'shift' means, where work of the same kind is carried out by two
or more sets of workers working during different periods of the day,'
each of such periods; .
(n)-'transmission machinery' means, by shaft, wheel, drum pulley,
system of pulleys, couplings clutch driving belt or other appliance or
device by which the motion of a prime mover is transmitted to or
received by any machinery or plant; '
(o) 'week' means a péri&L óf sèv'rY days beginning with the
preceding mid-night of the,day specified as ,the weekly , Iioliday;
".. i!"
I ''I •I Li'
(p) 'worker' means a person employed directly or through any
agncy, whether fcr, wages or, not, in any, mapufactwing, procçss or
in gleaning .any .prt of the, mach' fora
process, pr in an,y, qther kind of work incidentalto or
connected with, the manufacturing, p-qce,ss or the subject, of te
manufacturing, process, but does ,not include any person , solely
employed in clerical capacity in any r ,00m or ,place where , : no
manufacturing process is carried 9n;
(q) 'young person' means a person who is either a child or an

adolescent; ,. , ,, ,, , i, . ,,, • •0
•(r) 'power' means electrical energy and any other form of energy
which is mechanically transmitted , ancis: ñpt gqneratcd.by human or
an agency; and ,, .,,,,• .,
(s) 'wages' means wages as defined in the Payment of Wages Act,
1936, (VI of 1936).
3. Power to apply the provisions of this Act to certain places.-

(1) T'ie Government, may, ..by not.ificatipp in the official. Gazette, declare
that all or any of the' provisions of this Act shall apply, to any place
whreip . a manufacturing process ' is being carried on or is ordinarily
carried on whether with or without the use of power, whenever five or
more workers are working ., therein or have worked therein on any day of
thtwelye months immediately,p,receding.
(2) A notification under,sub-se.ct ion i) may be made in respect of
any one., of such place orin respect ,of,any class,pf such places or
generally in respect of all si,ich, paccs. . 'I
(3) Notwithstanding anything contained in clause. (f) of section 2, a
place to which all or any of the provisions , of this Act are., for the time
being, applicable in pursuance of a declaration under sub-section (I),
shall, to t-iç extent to, which , such, provisipns, are so mde, applicabie but
not otherwise, be deemed to be afactory. .
• ' I,. i. ,
4. Power to declare departments to be separate factories.- The

Government may, by order in writing direct that the different
•' i l l '... ' 1'' • ,
60
The Factories Act. 1965
departments or branches of a specified factory shall be treated as
separate factories for all or any of the purposes of this Act.
• 5. Power to exempt.-- The Government may. by notification in the

official Gazette, exempt may any factory or any class or description of
factories from all or any of the provisions of this Act for such period as
it may think fit in the public interest:
Provided that no such exemption shall be made for a period
exceeding fix months at a time.
6. Notice to Inspector before commencement of work.- (1)The

occupier shall, at least fifteen days before the bng. to occupy or use any
premises as a factory send to the Chief Inpector a written notice
containing--
(a) name and situation of the factory;
• (b) name and address of the occupier;.
(c) address to which communications relating to the factory may be
sent; ..
,(d) nature of the manufacturing process-
(i) carried on in the fatory during the last twelve months in the
case of factories in existence on the date of the commencement
of this Act,
(ii) to be-carried on in the factory during the next twelve months
• in the case of all factories;
(e) nature and quantity of power to be used;
• (f) name of the Manager of the factory for the purposes of this Act;
number of workers likely to be emplOyed in the factory;
(h) average number of workers per day employed during the last
twelve months in the case of a factory in existence on the date of the
commencement Of this Act; and ..
(i) such other particulars as may be prescribed. .
(2) In respect of all factories which come within the scope Of this
Act for the first time, the occupier, shall send a written notice to the
Chief Inspector containing particulars specified in sub-section (1) within
thirty days from the date of the commencement of this Act.
(3) Before a factory engaged in a manufacturing process, which is

ordinarily carried on for less than one hundred and eighty working days
The Factories At, 1965 61
in the year, resumes working, the occupier shall, send a written notice to
the Chief Inspector containing the particulars specified in sub-section (1)
within thirty days before the date of the commencement of work.
(4) Whenever another person is appointed as Manager, the occupier

shall send to the Chief Inspector a written notice of the change, within
seven days from the date on which such person assumes charge.
(5) During any period for which no person has been designated does
not manages the factory, any person found acting as Manager or if no
such person is found, the occupier himself shall be deemed to be the
Manager of the factory for the purposes of this Act.
- 7. Seasonal factory.-- The Government may, by notification in the

official Gazette, declare any factory in which manufacturing processes.
are ordinarily carried on for not more than one hundred and eighty
working days in the 'year and cannot be 'carried on except during
particular seasons or at times dependent on the irregular action of natural
forces, to be a seasonal factory for the purposes of this Act.
8'. Approval of plans and, fees for licensing and registration.-(1)

The Government may--
(a) require that previous permission in writing be obtained in the
• prescribed manner from the Chief Inspector for the construction or
extension of any factory or class or description of factory or class or
description of factories;
(b) require registration and licensing of factories or any class or
description of factories and payment of fees for such registration
and. licensing or for the renewal of licenses, in the prescribed
manner.
(2) 1f . in accordance with the provisions of sub-section (I) an

application for permission accompanied by the plans and specifications is
sent to the Chief Inspector and no order is communicated to the
applicant within two months from the date of its receipt by the Chief
Inspector, the permission applied for in the said application shall be.
deemed to have been granted. .
62 . T0.Fpctories.Act;1965,
(3)' Where theChièfInpetoi refuses to grant erisin to the site
construction or extéñsion of a factory or to regi&tratiàn and liceiising of a
factory the applicant may, within sixty days of the date of such refusal,
appeal to the Government.
Explanation-A factory hall not be deemed to be !extended ithin

the meaning of this section by reason only of the replacement of any
plant or machinery 'or, within such limits as may be prescribed, of the
addition of any plant or machinery.
CHAPTER II
• CHIEF INSPECTOR, INSPECTORS AND
CERTIFYING SURGEONS
9. Chief Inspector and Inspectors.--(1) The Government may, by

notification in the official Gazette, appoint any person to be the Chief
Inspector, who shall, in addition to the powers conferred on the Chief
Inspector under this Act, have the powers of an Inspector throughout
the country and shall also have powers of supervision and control over
the Inspectors appointed under sub-section (2):
Provided that the Chief Inspector may authoirse any other officer
or officers under him to exercise all or any of his powers for such area or
areas as may be specified by him.
(2) The Government may, by notification in the official Gazette,

appoint such persons as it thinks fit, to be Inspectors for the purposes of
this act within such local limits as it may assign to them respectively.
(3) The Government may also, by notification as aforesaid, appoint
such public officers as it thinks fit to be Inspectors for all or any of the
purposes of this Act. within such local limits as it may assign to them
respectively.
(4) Every Deputy Commissioner shall be an Inspector for his
district.
(5) No person shall be appointed to be an Inspector under sub-section
(2) or, having been so appoiute hj1ll Continue to hold office, who is or
becomes directly or indirectii.'ctory or in any process or business
carried on therein or any patent or machinery connected therein.
, JheFactoriesAct1 965, 63
1& ara ('h&'é h& ar"e4 more ' I n"sjp'ec to rs than one, the
Government may,' by notification as aforesaid, declare the 0oweris which
such Inspectors shall respectively exercise, and the Inspector to whom
the pesibdd b'tkeste"tó b'én
'() Th hiefIdskecdid.evr3 IhsPettor shall be-deemed to be a
public êr'aiit withiri'the in&ning of a kction 21 of th Penal Code (Act
XL V of 1860) and theInspectois àppointed'under ubséctidh (3) shall
be officially subordinate to such authority as the prescribed notices are to
be sent.
(8) The Chief Inspector and evèry Inpector shall be deemed to be
public servait withid the meaning o'f"section 21 of the Penal Code, (Act
XL V of 1860) and the Inpectors appointed under sub-section (3) shall
be officially subordinate to such authority as the Government may
specify in this behalf.
10. Power of Inspector.- (1) For carrying out the purposes of this
Act, an Inspector may, within the local limits for which he is appointed-'
(a) enter with such assistants, being . persons in . the service of
Bangladesh or of any municipal or other local authority, as he thinks
fit, inspect and examine any place which is, or which he has, reason
to believe to be, used as a factory or capable of being declared to be
A factory under the provisions of section 3;
(b) require the production of.the registers, certificates, notices and
documents kept in pursuance of this Act, and inspect, examine and
copy any of them;
(c) make such examination and enquiry as may be necessary to
ascertain whether the provisions of this Act and other laws for the
time being in force relating to health and hygiene, in respect to a
factory and any person employed in a factory are complied with.
(d) require' any person ' whom he finds in a factory to give such
information as it is in his knowledge relating to the actual occupier
of the factory;
(e) examine, in respect of matters pertaining to this Act, every
person whom he finds in a factory, or whom he has reasonable cause
to be or to have been within the preceding two months employed in
a factory:
Provided that no person shall be required to answer any question or
to give any evidence tending to incrimin3te himself; and
64 The Factories Act. 1965
(t) require every person so examined to sign the record to answer
any question or to give any evidence tending to incriminate himself
and;
(2) The occupier of every factory, his agents and servants, shall
furnish the means required by an Inspector as necessary for, an entry,
inspection, examination, enquiry, the taking of samples, or otherwise
for the exercise of his powers under this Act, in relation to that
factory.
(3) An Inspector may seize any record, register or other documents

of any factory, relevant to. the enforcement of the provisions of this Act,
as he may consider necessary in the prescribed manner for the purpose
of carrying Out his functions under this Act.
11. Certifying Surgeons.- (1) The Government may appoint such

registered medical practitioners as it deems fit to be Certifying Surgeons,
for the purposes of this Act within such local limits or for such factory
or class or description of factories as may be assigned to them
respectively.
(2)No person shall be appointed to be a Certifying Surgeon, or

having been so appointed,, continue to exercise such powers who is or
becomes the occupier of a factory or is or becomes directly or indirectly
interested, therein or in any patent or machinery connected therewith or
is otherwise in the employment of the factory.
(3). The Certifying Surgeon shall out such duties as may be

prescribed in connection with--
(a) examination and certification of young persons under this Act;
(b) examination of persons engaged in factories in such dangerous
occupations or processes as may be prescribed.
(c). such medical supervision as may be prescribed of any factory or
class or description of factory where—
(i) cases of illness having' occurred which it is 'reasonable to
believe are due to the nature of the manufacturing process
carried on or other conditions of work prevailing therein;
(ii)by reason of any change in the manufacturing process carried
on or in the substance used therein or by reason of the adoption
• 65
The Factories Act, 1965
of any new manufacturing process or any new substance for use

in a manufacturing process, there is likelihood of injury to the
health of the workers employed in that , manufacturing process;
and
(iii) young persons are or are about to be, employed'in 5 any work
which is likely, to cause injury to their health.
• .... . .. CHAPTER!!! .. S
HEALTH AND HYGIENE

.12. Cleanliness'.- (1) Every factory shall-4c kept clean and free from
effluvia arising from any drain, drain, privy or other nuisance, and in
particular,- -
(a) accumulation of dirt and refuge shall be moved daily by sweeping
or by any other effective method from the floors and benches of
workrooms and from staircases and passages and disposed of in a
suitable manner;,
(b) the floor of every work-room shall be cleaned at lest once in
every week by washing, using disinfectant where necessary or by
some other effective method;
(c) where the floor is liable to become wet in the course of any
manufacturing process to such extent as is capable of being drained,
effective means of drainage shall be provided and maintained;
(d) all inside walls and partitions, all ceilings, or tops of rooms, and
walls, side and tops or passages and staircases shall-
(i) where they are painted or varnished, be repainted or
revarnished at lest once in every five years;
(ii) Where they are painted or varnished and have smooth
impervious surfaces, be cleaned at least once in every fOurteen
month, by such methods as may be prescribed;
(iii) in., any other case, be kept white-washed or colour-washed
and the white-washing or colour-washing shall be carried Out at
least once in every fourteen months; and
(e) the dates on which the process required by clause (d) are carried
out shall be entered in the prescribed register.
(2) If, in view of the nature of the operations carried on in a' factory
'it. is not possible for the occupier to comply with all or any of the
provisions of sub-section (1), the Government may,, by an order exempt
66 The Factories Act, .1965
such factory , or class or description of factories from any of tbc
provisions of that sub-section and, specify alternative methods .. for
keeping the factory in a clean state.. . .
U. Disposal of wastes and effluents-. (I) Effective, arrangements

shall be made in every factcry. for the disposal of wasters and effluents
due to the manufacturing process carried on therein.
(2). The Government may, make rules prescribing the arrangements
to be made under, sub-section '(1) or requiring that the arrangement made
in accordance with sub-section (I) shall be approved by such authority as
may be prescribed.. . . ..
14. Ventilation and temperature.- (I) Effective and suitable

provisions shall.be made in every factory for securing and maintaining in
every work-room-,
(a) adequate ventilation by the circulation of fresh air; and
(b) such temperature as will secure to workers therein reasonable
conditions of comfort and prevent injury to health, and in particular,
(i) the walls and roofs shall be of such material and so designed
that such temperature shall not be exceeded but kept as low as
practicable;
(ii) where the nature of the work carried . on in the factory
involves, or is likely to involve, the production of excessively
high temperature, such adequate measures as are practicable,
shall be taken to. protect the . workers there from by separating
the process which produces such temperature. from the work-.
room by insulating the hot parts or by other effective means:
(2) The Government may prescribe a standard of adequate

ventilation and reasonable temperature for any factory or class .' or,
description of factories or parts thereof and direct that a thermometer
shall be provided and maintained in such place and position as may be
specified.
(3) If it appears to the Government that in any factory or class or

description of factories excessively high temperature can be reduced by
such methods as white-washing' spraying. or insulating and screening
outside walls , or roofs or windows or by raising the level of the roof, or
by insulating the roof either by an air space and double roof or by the use
The Factories Act. 1965 . 67
of insulating roof materials, or by other methods, it may prescribe such
of those or other methods td be adopted in the fctory.
15. Dust and fume.- (1) In every factory in which, by reason of the
manufacturing process carried on, there is given off any dust or fume or
other impurity of such a nature and to such an extent as is likely to be
injurious or offensive to the workers employed therein, effective
measures shall be taken to prevent its accumulation in any work-room
and its inhalation by workers, and if any exhaust appliance is necessary
for this purpose, it shall be applied, as near as possible to the point of
origin of the dust, fume or other impurity, and such point shall be
enclosed so far as possible.
(2) In any factory no stationary internal . combustion engine 'shall be

operated unless the exhaust is conducted into open air, and no internal
combustion engine shall be operated in any room unless "effective
measures have been taken to prevent such accumulation of 'fumes.
therefrom as are likely to, be injurious to the workers employed in the
work-room.
16. Artificial humidification.- (1) The Government may, in respect

of all factories in which humidity of the air is artificially increased, make
rules--
(a)prescribing standards of humidification;
(b) regulating the methods used. for artificially increasing the
'humidity of the air;
(c) directing prescribed test determining the humidity of the air to be
correctly carried out and recorded; and '
(d) . prescribing methods, ' to be adopted for securing adequate
ventilation and cooling of the aix in the work-rooms.
(2) In any factory in which the humidity of 'the air is artificially

increased, the water used" the purpose shall be taken from a public
supply, or bther source of drinking water, or shall be effectively purified
before it is so used
(3) If it appears to an Inspector that the water used in a factory for

increasing humidity which is required to be effectively purified under
sub-section (2) is not effectively purified, he may serve on the Manager
68 The Factories Act, 1965
of the factory an order in writing, specifying the measures which, in his
opinion, should be adopted, and requiring them to be carried out before
a specified date. . . .
17. Overcrowding.- (1). No workroom in any factory shall be

overcrowded to an extent injurious to the health of the workers
employed therein.
(2) Without prejudice to the generality of the provisions of
subsection (1), there shall be provided for every workers employed in a
work-room. .
(a) at least three hundred fifty cubic feet of space in the case of a
factory in existence on the date of the commencement of this Act,
and . .
(b) at lest five hundred cubic feet of space in the case of a factory
built after the commencement of this Act.
Explanation- For the purpose of this sub-section no account shall
be taken of a space which is more than fourteen feet above the level of
the floor of the room
(3) If the Chief Inspector by order in writing so requires, there shall
be posted in each work-room of a factory a notice specifying he
maximum number of workers who may, in compliance with the
provisions of this section, be employed in the room.
(4) The Chief Inspector may, by order in . writing, exempt, subject to
such conditions as he may think fit to impose, any work-room from the
provisions of this section if he is satisfied that compliance therewith in
respect of such room is not necessary for the purpose of health of the
workers employed therein. .
18. Lighting.-. (1) In every part of a factory where workers are

working or passing, there shall, be provided and maintained sufficient and
suitable lighting, natural or artificial, or both.
(2) In very factory all glazed windows and skylights used for the
lighting of the work-room shall be kept clean, both the outer and
inner surfaces and free from obstruction as far as possible under the
rules framed under sub-section (3) of section 14..
(3) In every factory effective provisions shall,so far as is practicable,.
be made for the prevention of--
(a) . glare either directly from any 'source of light or by reflection
from a smooth or polished surface, and
The Factories Act. 1965 . 69
b) the formation of shadows to such an extent as to cause eyestrain
or risk of accident to any worker.
"(4) The Government may prescribe standards of sufficient and
suitable lighting for factories or for any class or description of factories
or for any manufacturing process.—V..
19. Drinking water.- (.1) In every factory effective arrangement shall

be made to provide and: maintain at a suitable point conveniently situated
for all workers employed therein, a sufficient supply of. wholesome
drinking water. . . .
(2) All such points shall be legibly marked "Drinking Water" in a
language understood by the majority of the workers and no such point
shall be situated within twenty feet of any washing place, urinal or latrine,
unless a shorter distance is approved in writing by the Chief Inspector.
(3) In. every factory: wherein more than two hundred and . fifty
workers are ordinarily employed, provision shall be made for cooling the
drinking water during the. hot weather by effective M'eans and for
distribution thereof;
(4) The Government may, in respect of all factories or any class or
description factories make rules for securing compliance with the
provisions of this section. .
20. Latrines and urinals.-- (1) In every factory--

(a) sufficient latrines and urinals of prescribed types shall be
provided conveniently situated and accessible to workers at all times
while they are in the factory; .
(b) enclosed latrines and urinals shall be provided separately for male.
and female workers; . .
(c) such latrines and urinals shall be adequately lighted and ventilated
and no latrine or urinal shall, unless specially exempted in writing by
the Chief Inspector, 'communicate with any work-room except
through an intervening open space or ventilated passage;
(d) all such latrines and urinals shall be maintained in a clean and
sanitary condition, at . all times with suitable detergents or
disinfectants or with both; ,\ .. .
(e) the floors and internal walls of the latrines and urinalsand the
sanitary blocks shall, up to a height of there feet, be finished to.
provided a smooth polished impervious surface.
70' The Factories Act, 1965
(2) The Government may prescribe the number of latrines and
urinals to be provided in any factory in proportion to the numbers of
male and female workers ordinarily employed therein and such further
matters in respect of sanitation in the factories.
21. Spittoons.-- (1) In ev444thAeMhall be provided, at convenient

places, a sufficient number of spittoons which shall be maintained in a
clean and hygienic condition
(2) The Government may.make rules prescribig the type and the
number of spittoons to be provided and their location in any factory and
such further matters as may be deemed necessary relating to their
maintenance in a clean and hygienic condition.
(3) No person shall spit within the premises of a factory 'except in
the spittoons provided for . the purpose. A notice containing this
provision and the penalty for its violation shall be prominently displayed
at suitable places in the premises.
(4) Whoever spits in contravention of sub-section (3)shall be
punishable with a fine not exceeding 'rake Two.
CHAPTER IV
SAFETY
22. Precautions in case of fire.- (1) Every factory shall be
provided with such means of escape in case of fire as may be prescribed.
(2) If it appears to the Inspector .that any factory is not provided

with the means of escape prescribed under sub-section (1), he may serve
on the Manager of the factory an order in writing . specifying the
measures which, in his opinion, should be adopted before a date
specified in the order.
(3) In every factory the doors affording exit from, any room, shall
not be locked or fastened so that they can be easily and immediately
opened from inside while any. person is within the room,' and all such
doors, unless they are of the sliding type, shall be 'constructed to open
outwards or where the door is between two rooms, in the direction of
the nearest exit from the building and no such door shall be locked or
obstructed while work is being carried on in the room.
(4). In every factory every window, door, or other exit affording
means of escape in case of fire, other than the means of exit in ordinary
use, shall be distinctively marked in a language understood by the
majority of the workers and in red letters of adequate size or by some
other effective and clearly understood sign.
(5) In every factory there shall be provided effective and clearly

audible means of giving warning in case of fire to every person employed
therein.
(6) A free passage-way giving access to each means of escape in case

of fire shall be maintained for the use of all workers in every room of the
factory. .. . . .
(7)' In every factory wherein more than ten workers are ordinarily
employed in any place above the ground floor, or explosive or highly
inflammable materials are used or stored, effective measures, shall be
taken to ensure that all the workers are familiar with the means of escape
in case of fire and have been adequately trained in the routine to be
followed in such case. . -.
(8) The Government may rules prescribing in respect of any factory,

or class or description of factories, the means of escape to be provided in
case of fire and the nature and amount of fire-fighting apparatus to be.
provided and maintained.
23.. Fencing of machinery.- (I) In every factory the following 'shall

be securely fenced by the safeguards of substantial construction which
shall be kept in a position while the part of machinery required to be
fenced are in motion or in use, namely:
(a) every moving part of a prime mover and every fly wheel
connected to a prime mover;
(b) the head-race and tail-race of every water wheel, and water
turbine;
(c) any part of a stock-bar which projects beyond the head stock of a
lathe; and
(d) unless they are in such position or of such construction s to be
as safe to every person employed in the factory as they would be if
they were securely fenced- ,
(i) every part of an electric I generator, a motor or rotary
convertor;
(ii) every part of transmission machinery; and
(iii)every dangerous part of any machinery:
Provided that, of the purpose of determining whether any part of

machinery is in such a position or is of such construction as to be safe as
aforesaid, account shall not be taken of any occasion when it being
necessary to make an examination of the machinery while it is.in motion
or, as a result of such examination, to carry out any mounting or
shipping of belts, lubrication or other adjusting operation while the
machinery is in motion, such examination or operation is made or carried
out in accordance with the provisions of section 24,
(2) Without prejudice to any other provision of this Act relating to

the fencing of machinery, every set screw, bolt and key on any revolving
shaft, spindle wheel or pinion and all spur, worm and other toothed or
friction gearing in motion with which such worker would otherwise be
liable to come into contact, shall be securely fenced, o prevent such
contact. . . .
(3) The Government may exempt, subject to such conditions as may

be imposed, for securing the safety of the workers, arr particular
machinery or part thereof from the provisions of this section.
(4) The Government may, by rules,, prescribe further precautions as

it may consider necessary in respect of any particular machinery or part
thereof. .
24. Work on or near machinery in motion.- (1) Where in any

factory it becomes necessary to examine any part of thchinery referred
to in section 23 while the machinery is in motion, or as a result of such
examination, to carry out any mounting or shipping of belts, lubrication
or other adjusting operation while the machinery is in motion, such
examination or operation shall be made or carried Out only by a specially
trained adult male worker, wearing tight-fitting clothing whose name has
been recorded in the register prescribed in this behalf nd while he is so
engaged such worker shall not handle a belt at a moving pulley unless the
belt is less than six inches in width and unless the belt-joint is either laced
or flush with the belt.
• (2) No woman or child shall be allowed in any factory to clean,

lubricate or adjust any part of machinery while that part is in motion, or
to work between moving parts or between fixed and moving parts, of
any machinery which, is in motion.
(3) The Government may , by notification in the official Gazette,

prohibit, in any specified factory or class or description of factories, the
cleaning, lubricating or adjusting by any person, of specified parts of
machinery when those parts are in motion.
25. Employment of young-persons on dangerous machines.-

(1) No young person shall work at any machine unless he has been fully
instructed as to the dangers arising in connection with the machine and
the precautions to be observed, and-
(a) has received sufficient training in work at the machine; or
(b) is under adequate supervision by a person who has thorough
knowledge and experience of the 'machine.
(2) This section shall apply to such machines as may be notified by

the Government to be of such a dangerous I character that young .psons
ought not to work at them unless the foregoing requirements are
complied with. •
26. Striking gear and devices for cutting off power- (1) In every
factory- '.
(a) suitable striking gear or Other efficient mechanical appliances
shall e provided and maintained and used to move drivi.ig belts to
and from fast and loose pulleys which form part of the trnsmission
machinery, and such gear or appliances shall be so constructed, placed ..-
and maintained to prevent, the belt from cropping back on the first
pulleys; :' : •
• • (b). driving belts when'not in use shall not be allowed to rest or ride
upon shafting in motion. ,
74 . The Factories Act. .1965
(2) In every factory suitable devices for. cutting off power in
emergencies from running. machinery shall be provided and maintained
in every work-room. . . ..
(3) In respect of factories in operation before the commencement of

this Act the provisions of sub-section(2) shall apply only to work-rooms:
in which e1. triity is used for power.
27. Self-acting machines.- No traversing tart of a self-acting

machine in any factory and no material carried thereon shall, if the space
over which it runs is a space over which any person is liable to pass
whether in the course of his employment or otherwise be allowed to run
on its outward or inward, traverse within a distance of eighteen inches
from any fixed structures which is not part of the machine;.
Provided that the Chief Inspector may permit the continued use of
a machine installed before the commencement of this Act which does
not comply with the requirements of this section on such condition for
ensuring safety. as he may think fit to impose.
28. Casing of new machinery.- . (1) In all machinery driven by

power and installed in any factory after the commencement of this Act-
(a) everyet screw, belt or key or any revolving shaft, spindle, wheel
or pinion shall be so sunk, encased or otherwise effectively guarded
as to prevent danger; and .
(b) all spur, worm and other toothed Or friction gearing which does
not require frequent adjustment while in, motion shall be completely
encased unless it is so situated as to be as safe as it would, be if it
were completely encased...
(2) Whoever sells or lets on hire or as agent of a seller or hirer,

causes or procures to be sold or let on hire, for use in a factory any
machinery driven by power which does not comply with the provisions
of sub-section (1), shall be punishable with imprisonment for a term
which may extend to three months, or with fine which may extend to
Taka five hundred or with both.
The Factories Act, 1965 .. 75
(3) The Government may make rules specifying further safeguards
to be provided in respect of any other dangerous part of any particular
machine or class description of machines.
29 Prohibition of employment of women and children near

cotton openers.. . No woman or child shall be employed in any part of a
factory for pressing cotton in which a cotton-opener is at work..
Provided that if the feed-end of a cotton-opener is in a room

separated from the delivery end by a partition extending to the roof or to
such . height as the Inspector may, in any particular case, specify in
writing, women , and children may be employed on the side of the
partition where the feed end is situated.
30. Cranes , and other lifting . machinery- (1) The, following

provisions shall apply in respect of cranes and all other lifting machinery,
other than hoists and lifts, in any factory- .
(a) every part thereof, including the working gear, whether fixed or
movable, ropes and chains and anchoring and fixing appliances shall
be- . . .
(i) of good construction, sound material and adequate strength;
(ii)properly maintained;
(iii) thoroughly examined by a competent person at lest once in
every period of twenty months, and" a' register shall be kept
containing the prescribed particulars of every such examination;
(b) no such machinery shall be loaded beyond the safe working load
which shall be plainly marked thereon; and
(c) while any person is employed, or working on or near the wheel-
tract of a traveling crane in anyplace where he would be liable to be
liable to be struck by the crane effective measures shall be taken to
ensure that the crane does not approach within twenty feet of that
place.
(2) The Government may make rulesin respect of any lifting

/ machinery in factories-
machinery or class or description of lifting
(a) prescribing requirements to be complied with in addition to those
set out in this section; or
(b) exempting from compliance with all or any of the requirements
of this section; where, in its opinion, such compliances is
unnecessary or impracticable.
31 Hoists and lifts.- (1) In every factory-

(a) every hoist and lift shalibe-
(i) of good mechanical construction, sound material and
adequate strength;
(ii) properly maintained, and shall be thoroughly examined- by a
• competent person at l'st once in every period of six month and
• a register shall be kept containing the prescribed particulars of
every such examination;
(b) every hoist-way and liftway shall be sufficiently protected by an
enclosure, fitted with gates, and the hoist or lift and every such
enclosure shall be so constructed as to prevent any person or thing
from being trapped between any part of the hoist or lift and any
fixed structure or moving part;
(c) the maximum- safe working load shall be plainly marked on every
hoist or lift, and greater than such load shall be carried thereon;
(d) the cage of every hoist or lift used for carrying persons shall be
Fitted with a gate on each side from which, access is afforded to a
landing;
(e) every gate referred to in clause (b) or clause (d) shall be fitted
with interlocking or other efficient device to secure that the gate
cannot be opened except when the cage is at the landing and that
cage cannot be moved unless the gate is closed.
(2) The following additional requirements shall apply to hoists and

lifts used for carrying person and installed or reconstructed in a
factory after the commencement of this Act, namely-
(a) where the cage is supp,orted by rope or chain there shall be at
least two ropes or chains separately connected with the cage and
balance weight, and each rope or chain with its attachments shall be
capable of carrying the whole weight of the cage together with its
maximum load; . . . .
(b) efficient devices shall be 'provided and maintained capable of
supporting the cage together with its maximum load in the event of
brakeage of the ropes, chains or attachments;
(c) an efficient automatic device shall be provided and maintained to
prevent the cage from over-running.
(3) The Chief Inspector may permit the continued use of a hoist or
lift installed in a factory before the commencement of this Act which
does not fully comply with the provisions of sub-section (1) upon such
conditions for ensuring safety as he may think fit to.impose:
(4) The Government may,' if in respect of any class or description of

hoist or lift, it is of opinion that it would be unreasonable to enforce any
requirement of sub-sections (1) and (2), order direct that such
requirement shall not apply to such class or description of hoist or lift.
32. Revolving machinery.- (1) In every room ipi factory in which

the process of grinding is carried on, there . shall be permanently affixed
to, or placed near, each machine in use a notice indicating the maximum
safe working peripheral speed of every grind stone or abrasive wheel, the
speed of the shaft or spindle upon 'which the wheel is mounted and the
diameter of the pulley upon such shaft or spindle necessary to secure
such safe working peripheral speed.
(2) The speeds indicated in notices tinder sub-section (1) shall not be
exceeded;
(3) Effective measure shall' be taken in every factory to ensure that

the safe working peripheral speed of every revolving vessel, cage, basket,
flywheel, pulley disc. or similar appliance driven by power is not
exceeded.
33. Pressure plant.- (1) If in any factory any part of the plant or
machinery used in manufacturing process is operated at a, pressure above
atmospheric pressure ,effective measures shall be taken to ensure that the
safe working pressure of such part is not exceeded.
(2) The Government may make rules providing for the examination
and testing of any plant or machinery such as is referred to in sub-section
(I) and prescribing such other safety measures in relation thereto as may,
in its opinion, be necessary in any factory or class or description of
factories.
34. Floors, stairs and means of access.- In ever factory-
(a) all floors, stairs, passages and gangways shall be of sound
construction and properly maintained and where it is necessary to
ensure safety, steps, stairs, passages and gangways shall be provided
with substantial handrails; and - - -
(b) there shall, so far as is reasonably practicable, be provided and
- maintained safe means of access to every place at which any person
is, at any time, required to work. -- -
35. Pits, sumps, opening in floors, etc. (1) In every factory, every -
fixed vessel, sump, tank, pit or opening in the ground or in a floor which,
by reason of its depth, situation, construction or contents, is or may be a
source of danger, shall be either securely covered or securely fenced.
- (2) The Government may, by order in writing, exempt, subject to

such conditions as may be imposed, any factory or class oi description of -
factories - in respect of any vessel, sump, - tank, pit or opening from -
compliance with the provisions of this section. ---
- 36. Excessive -weights.- (1) No person shall be employed in any

factory to lift, carry or move any load so heavy as to be likely to cause,
him injury.
(2) The Government may make' rules prescribing the maximum

weights which may be lifted, carried or moved by adult men,, adult
women, adolescent and children employed in factories or in any class or
description of factories or in carrying on any specified process.
37. Protection eyes.- The GOvernment may, in respect of any

manufacturing process carried on in any factory, by rules, require that
-effective screens of suitable goggles shall be provided for the protection
of persons employed on, or in the immediate -vicinity of a process which
involves- - - - -- - - - -- -- -
• - -(a) risk of injury to the eyes from particles , or fragments thrown off
in the course of the process, Or
- (b) risk to the eyes by reason of exposure to excessive light or heat.
• - - 38. Powers to require specifications of defective parts or tests

of stability.- If it appears to the Inspector that any building or part of a -
building, or any part of the ways, machinery or plant in a factory, is in
such a condition that it may be dangerous to human life Or safety, he may
serve on the Manager of the factory n order in writing, requiring him
before a specified date-
(a) to furnish such drawings, specifications and other particulars as
may be necessary to determine whether such buildings, ways,
machinery or plant, can be used,with safety or
(b) to carry out such test as, may be necessary to determine the
strength or quality of any specified parts and to inform the Inspector
of the results thereof.
39. Safety of building and machinery.- (1) If it appears to the

• Inspector that any building or part of a building or any part of the ways,
machinery or plant in factory is in such a condition that it is dangerous to
human life or safety, he may serve to the Manager of the factory, an
order in writing specifying the measures which, in his opinion, should be
adopted, and requiring them to be carried out beofe a specified date.
(2) If it appears to the Inspector that , the use of any building or part
of a building or of any part of the ways, machinery or plant in a factory
involves imminent danger 'to. human life or safety, he may serve on the
Manager of the factory an. order in writing prohibiting its use until it has
been property repaired or altered.
40. Power to make rules to supplement his Chapter.: The

Government may make rules requiring that (1) in any factory or in any
class or description of factories, such further devices and measures for
securing the safety of the person employed therein as it may deem
necessary, shall be adopted; and,
(2) work , on a manufacturing process carried on with the aid of

power . shall not be beguin in any building or part of a building created or
taken into use as a factory until a certificate of stability in the prescribed
from and signed by a person processing the prescribed, has been sent to
the Chief Inspector.
41. Precautions , against dangerous fumes.- (1) In any factory no

person shall enter or be permitted to enter any chamber, tank, vat, pit,
pipe, flue or other confined space in which dangerous fumes are likely to
be present to such an extent as to involve risks, of persons being
overcome thereby, unless it is provided with a manhole of adequate:size
or other effective means of egress.
(2) No portable electric light of voltage exceeding twenty- four,

shall be permitted in any factory for use inside any confined space such
as if referred to in sub-section (1) and where the fumes present are likely
to be inflammable, lamp or light other than of flame proof constitution
shall be permitted to be used in such confined space. . .
(3) No person in any factory shall enter or be permitted to enter any

confined space such as is referred to in sub-section (1 .) until all
practicable measures • have been taken to remove any fumes which may
be present and to prevent any ingress of fumes and unless
either-
(a) a certificate in writing has been given by a competent person.,
based on a test carried Out by himself, that the space is free from
dangerous fumes and fit for persons to enter; or
(b) the workers is wearing suitable breathing apparatus and a belt
securely attached to rope, the free end of which is held by a person
standing outside the confined space.
(4) Suitable breathing apparatus, reviving apparatus and belts and

ropes shall, in every factory, be kept ready for instant use beside any such
confined space as aforesaid which any person has entered, and all such
apparatus shall be periodically examined and examined and certified by a
competent person to be fit for use; and a sufficient number of person
employed in every factory shall be trained and practiced in the use of all
such apparatus and in the method of restoring respiration.
(5) No person shall be permitted to enter in any factory, any boiler

furnace, boiler, flue, chamber, tank, vat, pipe or other confined space for
the purpose of working or making any examination therein until it has
been sufficiently cooled by ventilation or otherwise to be safe for
persons to enter. . . .
(6) The Government nay make rules prescribing the maximum

dimensions of the manholes referred to in sub-section (1) and may, by
order in writing, exempt, subject to such conditions as it may think fit to
The Factories Act, 1965 .81'
impose, any factory or class or description of factories from compliance
with any of the provisions of this section
42. Explosive or inflammable dust, gas, etc.- (1) Where in any

factory any manufacturing process produces dust, gas fume or vapor of
such character and to such extent as to be likely to explode on ignition,
all practicable measures shall be taken to prevent any such explosion by-
(a) effective enclosure of the plant or machinery used in the process;
(b) removal or prevention of the accumulation of such dust, gas,
fume or vapour;
(c) exclusion or effective enclosure of all possible sources of ignition.
(2) Where in any factory. the plant or machinery used in a process

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

any explosive or
inflammable gas or vapour under pressure greater than atmospheric
pressure, that part shall not be opened except in accordance with that
following provisions, namely-.
(a) before the fastening of any joint of any pipe connected with the
pat of the fastening of the cover of any opening into the part is
loosened, any flow of the gas or vapour into the part of any such
pipe shall be effectively stopped by a stop-valve or other means;
(b) before any such fastening as aforesaid is removed, all practicable
measures, shall be taken to reduce the pressure of the gas or vapour
in the part or pipe to atmospheric pressure; -
(c) where , such fastening, as aforesaid, has been loosened or
removed, effective measures shall be taken to prevent any explosive
or inflammable gas or vapour from entering the part or pipe until
the fastening has been secured; or as the 'case may. , be, securely
replaced; .
Provided that the provisions of this sub-section shall not apply in

the case of plant or machinery installed in the open air.
(4) No plant, tank or vessel,ihich contains or has contained any.
explosive or inflammable substance shall be subjected in any factory to
any welding, brazing, soldering or cutting operation which involves the
applicatidh of heat unless adequate measures have first been taken to
• remove such substance and any fumes arising therefrom or to render
such substance and fumes non explosive or non-inflammable, and no
such substance shall be allowed to enter such plant, tank or vessel after
any such operation until the metal has cooled sufficiently to prevent any
risk of igniting the substance.
• (5) The Government may, by rules, exempt, subject to such

conditions as may be prescribed any factory or class or description of
factories from compliance . with all or any of the provisions of this
section.
CHAPTER V
WELFARE
43. Washing facilities.- (1) In every factory-

(a) adequate and suitable facilities for washing and bathing shall be
provided and maintained for the use of the workers therein,
(b) separate and adequately screened facilities shall be provided for
the use of male and female workers; and
(c) such facilities shall be conveniently accessible and shall be kept
clean.
(2) The Government may, in respect of any factory or class or

description of factories of any manufacturing process, prescribe
standards of adequate and suitable facilities for washing.
44. First-aid appliatices .- (I) There shall, in every factory or

section of factory be provided and maintained, so as to be readily
accessible during the working hours, first-aid 'boxes or cuboards
equipped with the prescribed contents and the number of such boxes or
cupboard shall not be less than one for every one hundred fifty workers
ordinarily employed in the factory.
(2) Nothing except the prescribed contents shall be kept in the boxes
and cupboards referred to in sub-section (1) and all such boxes and
cupboards shall be kept in chargof a responsible person who is trained
in first-aid treatment and who shall always be available during the
working hours of the factory.
(3) A notice shall be affixed in every work-room stating the name of

person in charge of the first-aid box or cupbard provided in respect of
that room and such person shall wear a • badge so as to facilitate
identification.
(4) In every factory wherein five hundred or more workers and

employed, there shall be provided and maintained an ambulance room or
dispensary of the prescribed size containing the precribed equipment or
similar facilities, in the charge of such medical and nursing staff as may
be prescribed.
45. Canteens. (1) The Government may make rules requiring that,
in any specified factory wherein more than two hundred an4 fifty
workers are ordinarily employed, an adequate canteen shall be provided
for the use of workers.
(2) Without prejudice to the generality of the foregoing power, such

rules may provided for-
(a) the date which such canteen shall be provided
(b) the standards in respect of construction, accommodation,
furniture and other equipment of the canteen;
(c) the foodstuff of be served therein and the charges which may be
made therefore;
(d) the constitution of a managing committee for the canteen and
representation of the workers in the management of the canteen;.
and
(e) the delegation to the Chief Inspector, subject to such conditions•
as may be specified, of the power to make rules in respect of matters
referred to in clause (c).
46. Shelters, etc.- (1) In every factory wherein more than one
hundred workers are ordinarily employed, adequate and suitable shelters
or rest rooms, and a suitable lunch room with provision for drinking
water where workers can eat meals brought by them, shall be provided
and maintained for the use of the workers:
84 The Factories Act, 1965 -
Provided that any canteen maintained in accordance with the
provisions of section 45 shall be regarded as part of the requirements of
this sub-section:
Provided further that where lunch room exists, no workers shall eat
any food in the work room.
(2) The shelters, rest rooms or lunch rooms provided under sub-
section (1) shall be sufficiently lighted and ventilated and shall be
maintained ma cool and clean condition.
(3) The Government may--
(a) prescribe the standards in respect of construction,
accommodation, furniture and other equipment of shelters, rest
rooms and lunch rooms to be provided under thsi section;
(b) prescribe the type of shelter for persons, the nature of whose
work require them to be exposed to the sun and the elements
during the greater part of their work;
(c) by notification in the official Gazette exempt any . factory or class
or description of factories from the requirements of this section.
47. Rooms for children.- (1) in every factory, wherein more than
fifty women workers are ordinarily employed, there shall be provided and
maintained a suitable room or rooms for the use of children under the
age of six years of such women:
(2) Such rooms shall provide adequate accommodation, be

adequately lighted and ventilated and maintained in a clean and sanitary
condition, and shall be under the . charge of women trained or
experienced in the care of children and infants.
(3) The Government may make rules--

(a) prescribing the location and the standards in respect of
construction, accommodation, furniture and other equipment of
rooms to be provided under this section;
(b) requiring the provisions, in factories to which this section applies,
of additional facilities for the care of children belonging to women
works including suitable . provision of facilities for washing and
changing their clothing;
(c) requiring the provision, in any factory, of free milk or
refreshment or both for such children;
(d) requiring that facilities shall be given in any factory for the
mothers of such children to them at the necessary intervals.
48. Welfare officers.- (1) In every factory wherein five hundred or

more workers are ordinarily employed, the occupier shall employ in the
factry, such number of welfare officers as may be prescribed.
(2) The Government may prescribe the duties, qualifications and

conditions of service of officers employed under sub-section (1).
49. Power to make rules to supplement this Chapter.-The

Government may make rules-
(a) exempting, subject to compliance with such alternative
arrangements for the welfare of workers as may be specified, any
factory or class or description of factories from compliance with any
of the provisions of this Chapter; and
(b) requiring in any factory or class or description of factories that
representatives of the workers employed in the factor : shall be
associated with the management in the welfare arrangement of the
workers.
CHAPTER VI
WORKING HOURS OF ADULTS
50. Weekly hours.- (1) No adult worker shall be required or allowed

to work in a factory for more than forty-eight hours in any week.
(2) Subject to the provisions.of secon 58, an adult worker may
work for more than nine hours in a day foeight hours in a week:
• Provided that the total hours of work of an adult worker shall not
exceed sixty hours in any week and on the average fifty-six hours per
week in any year.
51. Weekly holiday.- (1) No adult worker shall be required or

allowed to work in a factory on Sunday or Friday as' the case may be,
unless-
86 TheFactorjes.Act, 1965
(a) he ahs had or will have a holiday for a whole day, on one of the
three days immediately before or after that Sunday or Friday, as the
case may. be ; and
• (b) the manager of the factory has, before that Sunday or Friday, or
the substituted day, whichever is earlier-
(i) given a notice to the Inspector of his intention to require the
worker to work on the Sunday or Friday, as the case may be, and
of the day which is to be substituted; and
(ii) displayed a notice to that effect in the factory:
Provided, that no substitution shall be made which will result in any

worker working for more ten days consecutively without a holiday for
whole day.
(2) Notice given under sub-section (1) may be cancelled by a notice

given to the Inspector and a notice displayed in the factory not later than
the day before the Sunday or Friday, or the substituted day to be
cancelled, whichever is earlier.
(3) Where in accordance with the provision of sub-section (1) any

worker works, on a Sunday or Friday, and has had a holiday on one of
the three days immediately before it, that Sunday or Friday, as the case
may be, shall for the purpose of calculating his weekly, hours of work, be
included in the preceding week.
• 52. Compensatory weekly holiday- (1) Where, as a result of the

passing of an order or the making of a rule the provisions of this Act
exempting a factory or the workers therein from the provisions of
section 51, a worker is deprived of any of the weekly holidays provided
for in sub-section (1) of that section, he shall be allowed, as soon as
circumstances permit compensatory holidays of equal number to the
holidays so deprived of. -
(2) The Government may make rules prescribing the manner in
which the compensatory holidays under sub-section (1), shall be allowed.
.53. Daily hours.- No adult worker shall be required or allowed to

work in a factory for-more than nine hours in any day: . --
Provided that, subject to the provisions of sections 50, 54, 55 and
58, an adult worker may work in a factory for more than nine hours, but
not exceeding ten hours in any day.
• 54. Intervals for Test or meal.- No adult worker in a factory shall -

be liable to work either-
(a) for more than six hours in any one day unless he has been
allowed an interval of at least one hour during that day for rest or
meal;
(b) for more than five hours in any one day unless he has been
• allowed an interval, of at least . half an hour during that day for rest or
meal; or
(c) for more than eight and half hours unless he has had an interval
under clause (a) or two such intervals under clause (b) during that
day for rest or meal.
55. Spread over,- The periods of work of an adult worker. in a

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

shift which-extends beyond midnight.-
(a) for the purposes of section 51 a 'holiday for a whole day shall
mean in his case a period of twenty-four consecutive hours,
beginning from the end of his shift; and
(b) the following day for him shall be deemed to be the period of
twenty-four consecutive hours beginning from the end of his shift
and the hours he has worked after midnight shall be counted
towards the pervious day.
57. Prohibition of overlapping shift.- (1)' Work shall not be carried

on in any factoy in by rreanof a system of shifts so arranged that more
than one relay of workers i engaged in work of the same kind at the
same time. '' '
(2) The Government may make rules exempting, subject to such
conditions as may be imposed, any factory or class or description of
factories from, the operation of the provisions of sub-section, (1).
58. Extra allowance for overtime.- (1) Where a worker works in a

factory for more than nine hours in any day or more than forty-eight
hours in any week, he shall, in respect of overtime work, be entitled • to
allowance at the rate of twice his ordinary rate of wages:
Provided that the ordinary rate of wages for calculating allowance
for overtime work under this sub-section shall not include any bonus or
any other additional payment in lieu of bonus.
(2) Where any worker in a ' factory are paid on a piece rate basis the
Government, in consultation with the employer concerned and the
representatives of the workers, may, for the purposes of this section fix
time rates as nearly as possible equivalent to the average rates of earnings
of those workers, and the rates so fixed shall be deemed, to be the
ordinary rates of wages of those workers.
(3) The Government may prescribe the registers to be 'maintained in

a factory for the purpose. of securing compliance with the provisions of
this section.
59. Restriction on double employment.- No adult worker shall be

employed or allowed to be employed for work in more than one factory
on any day, except on permission in writing from the Chief Inspector on
such terms and conditions he may impose.
60. Notice of periods of work for adults and preparation

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

accordance with provisions of this section and shall be such that workers
working during such periods would not be working in contravention of
the provision of sections 50,51,53, 54 and 55.
The Factories Act, 1965 .
(3) Where all the adult workers in a factory are. required to. work
during the same • periods, the manager of the factory .shall fix those
periods generally; ..
(4) Where all the adult workers in a factory are notrequired to work
during the same periods, the manager of the factory shall classify them
into groups: according to the nature of their work, and indicate the
number of workers in each group.
(5) For each group which is not required to work on a system of

shifts, the manager of the factory shall fix the period during which the
group may be required to work.
(6) Where any group is required to work on a system of shifts, and

the relays are not or are not intended to be subject to predetermined
periodical changes of shifts, the manager of the factory shall fix the
periods during which each relay of the group may be required to work.
(7) Where any group is to work on a system of shifts and the relays
are or are intended to be subject to predetermined periodical changes of
shifts, the manager of the factory shall draw up a scheme of shifts, where
under the periods during which any relay of the group may be required to
work on the relay which will be working at any time of the day shall be
know for any day.
(8)A copy of the notice shall be sent in duplicate to the Inspector

within fourteen days after the commencement of this Act, or, if the
factory begins work after the commencement of this Act, before the day
on which it begins work for approval of the periods of work by the
Inspector. .
The Inspector shall return a copy of the notice to the manager

within one week of its receipt, indicating modifications, if any; the
manager shall immediately comply with the modifications, if made and
shall preserve the approval in the records of the factory.
(9) Any proposed change in the system of work in a factory which

will necessitate a change in the notice shall be notified to the Inspector in
90 The FaótQriés Act. 1965
duplicate before the change is made, and, except with the previous
sanction of the Inspector, on, such changes shall be made.
(10) The Government, may make rules prescribing the form and the
manner in which it shall be maintained.
61. Register of adult workers and supply of ticket and cards.-

(1) The manager of every factory shall maintain a register of adult
workers, to be available to the Inspector at all times during working
hours,. showing-
(a) the name of each adult worker in the factory;
(b) the nature of his work;
(c) the group, if any, in which he is included;
(d) where his group works on shifts, the relay to which he is allotted;
and. .
(c) such other particulars as may be prescribed:
Provided that if the Inspector is of opinion that any muster roll or

register maintained as part of the routine of .a factory gives in respect of
all or any of the workers in the factory the particulars required under this
section, he may. by order in writing direct that such muster roll or
register shall, to the corresponding extent, be maintained in place of and
be treated as, the register of adult workers in that factory.
(2) The Government may make rules prescribing the from of the
register of adult workers, the manager in which it shall be maintained and
the period for which it shall be preserved.
• .(3) Tickets or cards shall be supplied to the workers by the occupier

or the manager of a factory in the following manner:-
(a) every permanent worker shall be provided with a permanent
• Departmental ticket showing his number;
b) every ,'badli' worker shall be provided with a 'badli card' on which
shall be entered the days on which he has worked and which shall be
surrendered if he obtains permanent employment;
(c) every temporary worker shall be provide with a temporary ticket'
which shall be surrendered on his leaving the job or getting a
permanent employment;
(d) every 'casual' worker shall be provided with a 'casual card' on
which shall be entered the days on which he has worked in the
factory; and
(e) every apprentice shall be provided with an 'apprentice card' which
shall be surrendered if he obtains permanent employment of or if he
leaves his training.
Explanation- The different classes of workers in this sub-section shall

have the same meaning as in Employment of Labour (Standing Orders)•
Act, 1965.
(4) Every worker shall, on being required to do so, by the Inspector

or any person authorised by the occupier or manager of the factory,
produce his ticket or card for inspection.
62. Hours of work to correspond with notice under 60 and

register under section 61. - No adult worker , shall be required or
allowed to work otherwise than., in accordance with the notice under sub-
section (1) of section 60 and the entries made beforehand against his.
name in the register maintained under section 61.
63. Power to make rules exempting from restrictions- (1) The

Government may make rules specifying the persons who hld position
of supervision or management or are employed in work of confidential
nature in a factory, and the provisions of this Chapter except clause (b)
of and the proviso to, sub-section (1) of section 65, shall not apply to
any person so specified., .
(2) The 2 Government may make rules to exempt to such extent and
subject to such conditions as may be specified, the adult workers-
(a) engaged on urgent repairs, from the operation of provisions of
sections 50,51, 53., 54 and 55; .
(b) engaged in work of a preparatory or complimentary nature which
must necessarily be carried on outside the limits laid down for the
general working of the factory, from , the operation of the provisions
of section 50, 53, 54 and 55;'
(c) engaged in work which is necessarily so intermittent that the
intervals .during which they do not work while on duty ordinarily
amount to more than the intervals for rest required under section 54,
from operation of provisions of sections 50, 53, 54, and 55;
(d) engaged in any work which for technica' reasons must be carried
on continuously throughout the day, from the operation of the
provisions of sections 50, 51, 54 and 55;
(è engaged in making or supplying articles of prime necessity which
must be made or supplied everyday from the operation of the
-provisions of section 51;
• (f) engaged in manufacturing process which cannot be carried on
• except during fixed seasons from the operation of the provision of
section 51;
(g) engaged in manufacturing process which cannot be carried on
except at times dependent on the irregular action of natural forces,
from the operation of the provisions of section 51 and 54;
(h) engaged in engine, rooms or boiler house or in attending to
power plant or transmission machinery from the operation of the
provisions of section 51; and
(i) engaged in the printing of newspapers, are held up on account of
• the breakdown of machinery from the operation of the provisions of
section 50, 53 and 55.
(3) Rules made under sub-section (2) providing for any exemption
may also provided for any consequential exemption subject to such
conditions, as may be imposed from the operations of the provisions of
Section 60.
(4) In making rules under this section, the . Government 'shall not
exceed except, in respect of clause (a) . of sub-section (2), the following.
limits of work inclusive of overtime-
(i) ten hours of work in any day;
(ii) twelve hours of overtime work in any week;
(ii) twelve hors of spread over, inclusive of intervals for rest or
meal in any one day:
Provided that subject to the previous approval of the Chief

Inspector the daily maximum specified in section 53 may be exceeded in
order to facilitate the change of shifts. .
(5) Rules made under this section shall remain in force for such
period, not exceeding three years, as may be specified therein.
64. Power to make exemption order.- (1) Where the Government

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

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

hours of work shall be subject to the maximum limits prescribed under
sub-section (4) of section 63.
(4) An order under sub-section (2) shall remain in force for such
periods not exceeding tow months from the date on which notice
thereof is given to the manager of the factory:
Provided that if in the opinion of the Government, the public

interest so requires, it may from time to time, by notification in the
official Gazette, extend the operation of any such order for such further
periods, not exceeding six moths at any one time, as may be specified in
the notification. .
65. Further restrictions on the employment of women.- (1) The

provisions of this Chapter, shall, in their application to women workers
in factories, be supplemented by the following further restrictions,
namely- . .
(a) no exemption from the provisions of section 53 shallbe granted
in respect of any woman; and
(b) no women shall be allowed to work in a factory except between 7
a. m. and p. m.:
Provided that the Government may, by notification in the official

Gazette, in respect of any class or classes of factories and for the whole
year or any part thereof; vary the limits laid down in clause (b) to any,
-span often and a half hours between 5a.m. and-8-30 p.m. -
(2) The Government may. make rules providing for the exemption
from the above restrictions, to such extent and subject to such
conditions as may be specified therein, of women working in fish-curing
or fish canning factories where the employment of women beyond the
said hours in necessary to prevent damage to, or deterioration in, any raw
materials.
(3) Rules made- under sub-section (2) shall remain in force for such
period, not exceeding three years, as may be specified therein.
CHAPTER VII.
EMPLOYMENT OF YOUNG PERSONS
- 66. Prohibition of employment of children.- No child who has

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

completed fourteen years of age or an adolescent shall not be required or
allowed to work in any factory unless-
(a) a certificate of fitness granted to him under section 68 is in the
custody of the manager of the factory;
(b) such child or adolescent carries while he is at work a token giving
a reference to such certificate. -
68. Certificates of fitness.- (1) A Certifying Surgeon shall, on the

application of any young person or his parent or guardian, accompanied
by a document signed by the manager of a factory that such person will
be employed therein if certified to be fit for work in a factory, or on the
application of the manager of the factory in which any person wishes to
work, examine such persofi and ascertain his fitness for work in such
factoty.
(2) The Certifying Surgeon may, after examination, grant to such

young person in the prescribed from or renew
(a) a certificate of fitness to work in a factory as a child, if he is
satisfied that the young person has completed his fourteenth year,
has attained the prescribed physical standards and if fit fro such
work;
(b) a certificate of fitness to work in a factory as an adult, if he is
satisfied that the young person has completed his sixteenth year and
is fit for a.flill days work in a factory: -
Provided that unless the Certifying Surgeon has personal knowledge

of the place where the young person proposes to work and of the
manufacturing process in which he will be employed, he shall not grant
or renewed certificate under this sub-section until he has examined such
place.
(3) A certificate of fitness granted or renewed under sub-section (2)

(a) shall be valid only for the period of twelve month from the date
thereof;
(b) may be made subject to re-examination of the young persons
before the expiry of a period of twelve months, or subject to
conditions in regards to the nature of the work in which the young
person may be employed.
• (4) A, Certifying Surgeon, , shall revoke any certificate granted or

renewed under sub-section (2) if, in his opinion, the, holder of it is no
longer fit to work in theCapa
city stated therein in a factory.
(5) Where a Certifying Surgeon refuses to grant a certificate or a

certificate of the kind requested, or revokes a certificate, he shall, if so
requested by any person who could have applied for the certificate or the
renewal therefore, state his reasons in writing for such refusal.
(6) Where a certificate under this section with reference to any young
person is granted or renewed subject to such conditions as are referred to
in clause (b) of sub-section (3), the young person shall not be required or
allowed to 'work in any factory except in accordance with those
conditions.
(7) Any fee payable for a certificate under this Section shall be paid
by the occupier and shall not be , recoverable from the young person or
his parents or guardian.
69. Effect of certificate of fitness granted to adolescents.- (1) An

adolescent who has been granted a certificate of fitness to work in a
factory as an adult under clause (b) of sub-section (2) of Section 68, and
who, while at work in a factory, carries a token giving reference to the
certificate, shall subject to the provisions of sub-section (1) of section 70,
be deemed to be an adult for all the purposes of Chapters VI and VIII.
(2) An adolescent, who has not been granted a certificate of fitness

to work in a factory as an adult under clause (b) of sub-section (2) of
section 68, shall notwithstanding his age be deemed to be a child for the
purposes of this Act.
70. Working hours for children.- (1) No child or adolescent shall

be required or allowed to work in any factory.-
(a) for more than five hours in any day; and
(b) between the hours of 7 p.m. and 7 a. m.
(2) The period of work of all children employed in a factory shall be

limited to two shifts which shall not overlap or spread-over more than
seven and a half hours each.
(3) A child shall be employed in only one of the relays which shall
not, except which the previous . permission in writing of the Chief
Inspector, be changed more frequently than once in a period of thirty
days. .
(4) The provisions of section 51 shall apply also to child workeis, on

exemption from the provisions of that section shall be granted in respect
of any child. .
(5) No child, shall be required or allowed to work in any factory on

any day on which he has already been working in another factory.
7.1. Notice of periods of.work for children.- (1) In every factory in

which children are employed, there shall be displayed in 'the manner laid
down in sub-section (2) of section 109, a notice of periods, of work for
children, showing clearly, the periods within which children may be
required or allowed to work:
(2) The periods shown in the notice under sub-section (1) shall be
fixed beforehand in the manner laid down for adult workers in section 60
and shall be such that children working on those periods would not be
working in contravention Of section 70.
(3) The provisions of sub-sections (8). (9) and (10) of section 60

shall apply also to the notice under sub-section (1).
(4) The Government may rules prescribing the form of the notice
under sub-section (1) and the manner in which it shall be maintained.
72. Register of child workers.- (1) The manager of every factory in

which children are employed shall maintain a register of child workers to
be available to the Inspector at all times during working hours showing-
(a) the name and date of birth of each child and adolescent worker in
the factory;
(b) the nature of his work;
(c) the group, if any, in which he is included; .
(d) . where his group works on shift, the relay to which he is allotted;
(e) the number of his certificate of fitness granted under section 68
and the date of its renewal and
(f) such other particulars as may be prescribed..
(2) The Government may make rules prescribing the form of the
register of child workers, the manner in which it shall be maintained and
the period for which it shall be preserved.
.73. Hours of work to correspond with notice under section 71

and register under section 72. No child shall be required or allowed to
work otherwise than in accordance with the notice under sub-section (1)
of section 71 and the entries made beforehand against his name in the
register maintained under section 72
74. Power to require medical examination.- Where an ,Inspectoi

is of opinion.-
• (a) that any person working in a factory without a certificate of
fitness is, a child or an adolescent, or
(b) that a child or adolescent working in a factory with a certificate
of fitness is no longer fit to work in the capacity stated therein,
he may serve on the manager of the factory a notice requiring that
such person or that such child or adolescent, as the case may be,
adolescent shall riot, if the Inspector so directs, be allowed to work
in any factory until he has been so examined and has been granted a
certificate of fitness or a fresh certificate of fitness, as the case may
• be, under section 68 or has .been certified by the Certifying Surgeon
examining him not to be a' child or adolescent.
75. Power to make rules7 The Government may make rules-

(a) prescribing the form of certificates of fitness to be granted under
section 68, providing for grant of duplicates in the event of loss of
the original certificates and renewals thereof and fixing the fees
which may be charged for such certificates and renewals thereof and
such duplicates; .
(b) prescribing, the, physical standards to be attained by children and
adolescent working in factories; and
(c) regulating the procedure of Certifying Surgeon under this
Chapter and specifying other duties, which they may be required to
perform in connection with the employment of children and
adolescent in factories and fixing the fees which may be charged for
such duties.
76. Provision of this Chapter not in derogation of Act XXVI of

1938.- The.provisions of this Chapter shall be in addition to and not in
derogationof, the provisions of the Employment of Children Act, 1938.
CHAPTER VIII
LEAVE AND HOLIDAYS WITH WAGES
77. Application of the Chapter.- Nothing in this Chapter shall

affect any right or privilege to which a worker has been entitled on the
date this Act comes into force, under any existing law or under any
award, agreement, settlement, contract, custom or usage, if such right or
privilege is more favourable to him.
78. Annual leave with wages.- (1) Every worker who . has
completed one year of continuous service in a factory, shall be allowed
during the subsequent period of twelve months' leave with wages for a
• number of days calculated at the rate of
(i) if an adult, one for every twenty-two days of work performed by
him during the previous period of twelve months;
(ii) if a child, one day for every fifteen days of work performed by
him during the previous period of twelve months.
Provided that a period of leave shall be inclusive of any holiday

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

under this section when the earned leave due to him amounts to twenty
days and if a child, shall cease to earn any such leave when earned leave
due to him amounts to thirty days:
Provided further that any leave applied for by a worker but refused
by the occupier or manager or \ 5 authorised officer for any reason shall
be added to the credit of such worker beyond the aforesaid limit.
(3) For the purpose of this section a worker shall be deemed to have
completed a period of continuous service in an establishment
notwithstanding any interruption in service during that period due to-
(a) any holiday;
(b) any leave with wages;
(c) any leave with or without wages due to sickness or accident;
(d) any maternity leave not exceeding twelve weeks;
(e) any period of law-off arising due to failure, refusal or inability of
an employer on account of shortage of cola, power or raw material
or the accumulation of stock or the break-down of machinery or for
any other reason, to give employment to a worker whose name is
borne in the muster rolls of his factory; worker whose name is borne
in the muster rolls ofhis factory; .
( a strike which is not illegal or a lock-out which is not legal.
79. Festival holidays.- (1) Every worker shall be allowed at lest

ten days' festival holidays with wages in a year. The days and dates for
such festivals shall be fixed by the occupier or manager in such a manner
as may be prescribed. . .
(2) A worker may be required to work on any festival holiday, but

two days' additional compensatory holidays with full pay and a substitute
holiday shall be provided for him in. accordance with the provisions of.
section 51. . .. . .. ..
80. Casual leave and sick leave.- (1) Every worker shall be entitled
to casual leave with full wages for ten days in a year: .
(2) Every worker shall be entitled to fourteen days' sick leave on half
average wages in a year:
Provided that sick leave or casual leave admissible under this section
shall not be accumulated and carried forward to the succeeding year.
81. Wages during leave or holiday periods.- For the leave or

holidays allowed to a worker under the provision of this Act, he shall be
paid-
(a) in case of leave with full wages (at the rate equal to the daily
average of his full time earnings, including dearness allowance, if any,
for the days on which he worked during the month immediately
preceding his leave, but excluding any over-time earnings and bonus;
and .
(b) in case of leave with half-average wages at the rate equal to half
the daily average of his earnings calculated in the manner provided in
clause (a). . ..
82. Payment • in advance in certain case.- Any worker who has

been allowed leave for not less than four days in the case of an adult, and
Five days in the case of a child, under. section 78 shall, before his leave
begins, be paid, the wages due for the period of the leave allowed.
83. Power of Inspector to act for workers.- Any Inspector may

institute proceedings on behalf of any worker to recover any sum
required to be, but has not been paid under this Chapter by an occupier
or manager; . ..
84. Power to make rules- (1) The Government may make rules to
cariy into effect the provisions of this Chapter.
(2) . Without prejudice to generality of the foregoing power, rules

made under this section may provided for maintaining , by managers of
factories of registers showing , such particulars as may be specified and
requiring such registers to be preserved made available for examination
by Inspectors. . . . . . .
85. Power to exempt factories.- Where the Government is

satisfied that the leave rules applicable 4o the workers in a factory
provided benefits which, in its opinion, are on the whole not 'less
favorable than those provided for in this Chapter, it may, by order in
writing, exempt a factory from all or any of the provisions of this
'Chapter subject to such conditions as may be specified' in the order.
Notes/Comments/Precedents
CHAPTER IX
SPECIAL PROVISIONS
86. Power to exempt public institution.- The Government may

exempt, subject to such conditions as it may impose, any workshop, or
workplace where a manufacturing process is carried on, which is attached
102 .... The Factories Act, 1965
to a public institution and maintained for the purpose of education
training' or reformation, from all or any of the provisions of this Act:
Provided that no exemption shall be granted from the provisions•

relating to hours of work and holidays unless the person having the
control of the institution submits for the approval of the Government a
scheme for the regulation of the hours of employment, intervals for rest
and meals and holidays of the person employed in or attending the
institutions and the Government is satisfied that the provisions of the
scheme are not less favourable than the corresponding provisions for
this Act.
• 87. Dangerous operations.- Where 'the Government is satisfied

that any operation carried on in a factory exposes any person employed
in it to a serious risk of bodily injury, poisoning, or disease, it may make
rules applicable to such factory or class of factories, in which such
operation is carried on-
(a) specifying the operation and declaring it to be 'hazardous'
(b) prohibiting or restricting the employment of women, adolescents
or children in the operation;
(c) providing for the periodical medical examination of persons
employed . in. the operation and prohibiting the ' employment 'of
persons not certified as fit. for such employment;
(d) providing for the protection of all persons employed in the
operation or in the vicinity of the places where it is carried on; and
(e) prohibiting, restricting or 'controlling the use of any specified.
materials or processes in connection with the operation.
88. Notice of certain accidents.Where in any factory an accident

occur which cause death, or which causes any bodily injury whereby any
person injured is prevented from' , resuming his work in the factory
during the forty-eight hours immediately following the 'accident or which
is of such a nature as may be prescribed in this behalf, the manager of
the factory shall send notice thereof to the Inspector in such from and
within such time, as may be prescribed.
89. Notice of dangerous occurrences.- The Government may,'by

notification in the official Gazette, extend the provisions of section 88 to
special class of accidents, such as explosion, fire, and collapse of
• The Factories Act, 1965 103
buildings, , accidents to , machinery or plant occurring in .a factory,

although no death or bodily injury has been caused to any person.
90 Notice of certain disease.- (1) Where. any worker in .a factory

contacts any disease specified in the Schedule, the manager of the factory
shall send notice thereof to the Inspector in such form and within such
time as may be prescribed.
(2) If any medical practitioner attends on a person who is, or has

been employed in a factory and who is, or. is believed by such medical
practitioner to be, suffering from any disease specified in the Schedule,
the medical practitioner shall, without delay, send a report in writing to
the Chief Inspector stating-
(a) the name and full postal address of the patient;
(b) the disease from which he believes' the patient to be suffering;
(c) the name and address of the factory in which the patient is or was
last employed.
(3) The Government may add to or subtract from the Schedule any
disease by notification it'i the official Gazette.
91. Power to direct enquiry into cases of accident of disease.-

(1) The Government may, if it considers it expedient so to do, appoint'a
competent, person under intimation to all concerned to enquire into the
causes of any accident occurring in a factory, or into any case where a
disease specified in the Schedule has been, or is suspected to have been,
contacted in a factory and may also appoint one or more persons
'possessing legal or special knowledge to act as assessors in such enquiry.
(2) The person appointed to hold an enquiry under this section shall
have all the powers of -a Civil Court under the Code of Civil Procedure,
.1908, for the purposes of enforcing the attendance . of 'witnesses and
compelling the production of documents and material objects, and may
also, so far as may be 'necessary for the purpose of the enquiry, exercise
any of the pwersof , an Inspector under this Act; and every person
required by the person making the enquiry to furnish any information
shall be deemed ' to be legally bound so to do within the meaning of
section 176 of the Penal Code, 1860 (XLV of 1860)..
104 The Factories Act; 1965
(3) The person holding an enquiry under this section shall make a
report to the
Government stating the cause of the accident or as the case may be,
disease, and any attendant circumstances, and adding thereto any
observations which he, or any of the assessors, may think fit to make.
(4) The Government may if it thinks fit, cause to be published any

raci there from.
report made under this section or, any èxt
(5) The Government may make, rules for regulating the procedure of
enquires under this section.
92. Power, to take samples.- (1) An Inspector may, at any time

during the normal working hours of a factory, after informing occupier
or the manager of the factory or other person, for the time being
purporting to be the manager of the factory, take, in the manner
hereinafter provided, a sufficient sample of any substance used or
intended to be used in the factory, such use being, in the opinion of the
Inspector-
(a) in contravention of any of the provisions of this Act or the rules
made there under, or
(b) likely to cause bodily injury to or injury to the health of, workers
in factory.
(2) Where the Inspector takes sample under , sub-section (1), he shall,
in the presence of the person informed under the sub-section unless such
person willfully absents himself, divide the sample into three portions
and effectively seal and suitably mark them shall permit such person to
add his own seal and mark thereon.
(3) The person informed as aforesaid shall, if the Inspector so

requires, provided the appliances for diving, sealing and marking sample
taken under this section.
(4) The Inspector shall-

(a) forthwith give one portion of the sample of the sample to the
• person informed under sub-secti6n.(1);
• • (b) forthwith send the second portion to a Government Analyst for
• analysis and report thereon; and
-:
(c) retain the third portion for production to the Court befote which
• proceeding, if any, are instituted in respect of the substance.
(5) Any documents purporting to be a'report under the hand of any

Government Analyst upon any substance submitted to him for analysis
and report under this section, may be ued as evidence , in any
proceedings instituted in respect of the substance.
CHAPTER
PENALTIES AND PROCEDURE
91 General penalty for offences.- Save as is otherwise expressly

provided in this Act and subject to the provisions of Section 94, if in, or
in respect of, any factory, there is any contravention of any of the'
provisions ,of this Act or any rules made thereunder, or of any order in
writing given thereunder, the occupier and the manager of the factory
shall each be guilty of an offence punishable with line which may extend
to Taka one thousand and, if the , contravention, is continued after
conviction, with a further fine which may extend to Taka seventy-five for
every day of the period during which the contravention continues.
94. Liability of owner of premises in certain circumstances- (1)

Where in any premises separate building are leased to different occupiers
for use as separate factories, the owner of the premises shall be
responsible for the provision and maintenance , of common facilities and
service, such as approach. roads, drainage, water 'supply lighting and
sanitation. ' • '' '--. -
(2) The Chief' Inspector shall have, subject to the control of the
Government, power to isue orders to the owner of the premises in
respect of the carrying out of the provisions of sub-section (1).
(3) Where in any premises, independent or self-contained floors or

flats are leased . to different occupiers for use as separate factories, the
owner of the premises shall be liable as if he were the occupier or
'manager of a factory, for any contravention of the provisions of this Act
in respect of , ' ' •
• 106 The Factories Ad, 1965
(i) latrines, urinals and washing facilities in 'so far as the maintenance
of the common supply of water for these purposes is concerned;
(ii) fencing of machinery and p1nt belonging to the"ôwner and not
specifically entrusted to the custody or use of an occupier;
(iii) safe means of access to the floors or flats and maintenance and
cleanliness of staircases and common passages;
(iv) precaution in case of fire
(v) maintenance of hoists and lifts; and
(vi)maintenance of any other common facilities .provided in the
premises. .
(4) The Chief Inspector shall, subject , to the of the

Government, power to issue , orders to the owner of the premises in
respect of the carrying out of the provisions of sub-section (3).
(5) The provisions of sub-section "(3) relating to the liability of the

owner shall apply where in any premise independent rooms with
common latrines, urinals and washing facilities are leased to different
occupiers for use as separate factories;
Provided that the owner shall be 'responsible also for complying

with the requirements relating to the provisions and maintenance of
latrines, urinals and washing facilities.
(6) The Chief, Inspector: shall have, subject to the control of the
Government, the 'powers to ' issue orders to the owner of the premises
referred to in sub-section (5) in respect of the carrying out of the
provisions of section 45 or 47.
(7) Where, in any premises, portions of a room or a shed are leased

to different occupiers for use as separate factories, the owner Of the
premises shall be liable for any contravention of the provisions of -
Chapter III, except section 15 and 16;
(ii)' Chapter IV, except section 24,'25, 29, 36, 37, and 41;
Provided that in respect of the provisions of sections 23, 26 and 34

the owners liability shall be only in so far as such provisions relate to
things under his control:
Provided further that the occupier : shall , be responsible for
complying with the provisions of Chapter IV in respect of plant and
machinery belonging to or supplied by him,;
(iii) Section 43.
(8) The Chief Inspector, shall have, subjèct . to the control of the
Government, power to issue orders to the owner of the premised in
rcspet of carrying out the provisions of sub-section (7)
(9) In respect of subsections (5) and (7), while computing for the
purposes of any of the provisions of this Act the total number of
workers employed, .the whole of the premises shall be deemed to be a
single factory.
95. Enhanced penalty after previous convictions.- If any person,

who has been convicted of any offence punishable under section 93 is
again convicted of an offence involving a contravention of the same
provision, he shall be punished, on aubsequen,t conviction, with
imprisonment for a term which may extend to six mhs, or with fine
which may extend to one thousand or with both:
Provided that for the purposes of his section no cognizance shall

be taken of any conviction made more than two years before the
commission of the subsequent offence.
96. Penalty for obstructing Inspector.- Whoever willfully

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

except in so far as it may be necessary for the purpose of a prosecution
for any offence punishable under this Act, publishes or disclose to any
person the results of any analysis made under section 92 shall be
108 The Factories Act. 1,965
Punishable with imprisonment for a term which may extend to three
months, or with fine which may extend to Taka five hundred or with
both. ..
98 Restriction on disclosure Of information. (1) No Inspector

shall, while in service or after leaving the service, disclose other than in
connection with the administration of this Act any information relating
to any manufactuing or commercial secret which may come to his
knowledge in the course of hii official duties.
(2) Nothing in sub-section (1) shall apply to any disclosure of

information made with the previous consent in writing of the owner of
such business or process or for the purposes of any legal proceedings
(includingArbitration) pursuant to this Act or of any criminal
proceedings 'which may be taken, whether pursuant to this Act or
otherwise, or for the purpose of any report of such proceedings as
aforesaid. . .
(3) In any Iipector Icontravenes the provisions of sub-.section (1),

he shall be punishable with imprisonment for a term which may extend
to six . months, or with fine which may extend to Taka one thousand or
with both.
99. Offences by workers.- (1) Subject to the provisions of section

III, if -any worker employed in any factory contravenes any provisions of
thisAct or any rules or orders made thereunder imposing any duty or
liability on workers, he shall be punishable with fine which may extend to
Taka fifty.
(2) Where a workers is convicted of an offence punishable under,

subsection (I), the occupier of manager of the factory shall not be
deemed to be guilty of an offence in respect of that contravention unless.
it is • proved that he . failed to take all reasonable measures for its
prevention. . . . .
100. Penalty for using false certificates of fitness.- Whoever

knowingly use or attempts to use, as a certificate of fitness granted to
himself under section 68, a certificate granted to another person under
that section, or who, having procured such a certificate, knowingly allows
it to be used, or allows another person to attempt such a use, shall be
punishable with imprisonment for a term which may extend to one
month, or with fine which may extend to Take fifty or with both.
10.1. Penalty for double employment of a child.- If a child works

in a factory on any day on which he has already been working in another
factory the parent or guardian of the child or the person having custody
or control over him, or obtaining any direct 'lenefit from his wages, shall
be punishable with fine which may extend to Take fifty unless it appears
to the Court that the child so worked without the consent, connivance or
willful default of such parent, or guardian or person.
102. Offences by a firm, company, etc.- (1) Where a person guilty

of an offence punishable under, this Chapter for which the occupier of a
factory is punishable- . .. . . .
(a) is a firm or other body of individuals every partner or member
there of;. or .. . .
(b) ii a company, other than a private company eery director
thereof; or .
(c) is a private company, every shareholder thereof shall be deemed
to be. guilty of such offence: . .
Provided that where any such firm, body or company gives no.ice
to the Inspector nominating one of its partners, members, directors or in
the case of a private company, shareholders who is a resident of
Bangladesh to be the occupier of the factory for the purposes of this
Chapter, such partner, member, director, or shareholder,. as the case may
be, shall so long as he is so resident, be deemed to be such occupier until
further notice cancelling his nomination is recerived by the Inspector or
until he ceases to be a .partner, member, director or shareholder.
(2) Where a person guilty of an offence punishable under section 94

for which the owner of a premises or building is punishable is a firm,
body of individuals or company, reference in this section to an occupier
shallbe deemed to be a reference to an owner and the provisions of this
section shall apply accordingly. ..
103. Exemption of occupier or manager from liability in, certain

cases.- (1) Where the occupier or manager of a factory is .charged with
an offence under this Act, he. shall be entitled upon complaint duly made
by him to have any other person whom he chargeas the actual offender
brought before the court at the time appointed for heating the charge.
(2) If, after the commission Of the offence has been proved, the
occupier or manager of the factory, as the case may be, proves to the
satisfaction of the Court that he has used due diligence to prevent to the
commission of the offence and that the said other person committed the
offence in question without his knowledge, ' consent or connivance, that
other person shall be punished for the offence as f he were the occupier
Or manager and the 'occupier or, manager shall be discharged from any
liability for the offence. . .• . . .
(3) Where it is made to the appear to the. satisfaction. of he

Inspector at any time before. the institution of proceeding for an offence
under this Act- . .
(a). that the occupier or, manager of the factory has used all due
diligence, to prevent the commission of the offence;
(b) that it had been committed without the knowledge, consent or:
connivance and in contravention of the orders, of the occupier or
manager; and .
(c) that it has been committed by any other person, the Inspector
shall proceed against that other person who shall be punishable for
the offence as if he were the occupier or manager.. .
104. Power of the Court to make orders.- (1), the occupier or

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

manager of the factory, as the case may be, shall not, during the period
speified therein or extended period, if any; be liable under this Act for
continuation of the 'offence for which he has been 'convicted. .
(3) If the order of the Court under sub-section (1) is not full
complied with during the aforesaid period, the, occupier or manager, as
the case, may be, shall, on the expiry of such period, be dee'nied to have
committed further offence, punishable with imprisonment for a .term
The Factories Act, 1965
. 111
which may extend to six months, or with fine which may extend to Taka
one hundred for every day after the expiry of the said period during
which the order has not been complied with, or with both.
105. Presumption as to employment. - Every person,who is found

in a factory at any time, except during intervals for meals or rest, when
work is going on or the machinery is in motion, shall until the contrary is
proved, be deemed for the purposes of this Act and the rules made there
under, to be, at that time employed in the faétory.
106. Onus as to age.- (1) When as 'act or omission would, if a

person were under or over a certain age, be an offence punishable under
this Act, and such person is, in the opinion of the Court, apparently
under or over such age, the burden of proving that such person is not
under or over such age shall be on the accused.
(2) A declaration in writing by a Certifying Surgeon relating to a

worker that he has personally examined his and blieves him to be under
or over the age set forth in such declaration shall the purposes of
this Act, be admissible as evidence of the age of the workers.
107. Cognizance of offences.- (1) No cOurt shall take cognizance

of an offence under this Act except upon compliant made by, or under
the authority' of or with the previous permission in writing of an
Inspector:
Provided that no case lyiflg before a Court shall be withdrawn
without, the prior permission of the Chief Inspector of Factories.
(2) No Court inferior to that of a Magistrate of the First Class shall

try an offence under. this Act or any rules or order made thereunder.
CHAPTER XI
SUPPLEMENT
108. Appeals.- (1) Where an order in writing of an Inspector has

been served under this Act on the manager of a factory, such manager or
the occupier of the factory may, within thirty days of the service of the
order; appeal against it to the Appellate Authority which may, subject to
rules made in this behalf, confirm, modify or reverse the order.
I 12 The Factories Act, 1965
(2) Subject to rules made in this behalf, the Appellate Authority may,
and, if the appellant so requires, shall, hear an appeal under sub-section
(1) with the aid of two assessors; one of whom shall be appointed by the
Appellate Authority and the other by such body representing the industry
concerned as may be prescribed:
Provided that on assessor is appointed by such body, or if the
assessor so appointed fails to attend at the time and place fixed for
hearing the appeal, the Appellate Authority may, unless, satisfied that the
failure to attend is due to sufficient cause, proceed to hear appeal without
the aid of such assessor or, if it thinks uit,.without the aid of any assessor.
(3) Subject to such rules as the Government may make in this behalf
and subject to such conditions as to partial compliance or the adoption
of temporary measures as the Appellate Authority may, in any case :think
it fit to impose, the Appellate Authority may, if it.thinks fit, suspend the
order appealed against pending the decision of the appeal.
(4) The Government may make rules for the purpose of this section
and such rules. may specify the classes of appeals which shall not be
heard with the aid of assessors.
(5) In this section "Appellate Authority' means the Government or

such Authority as the Government may appoint in this behalf.
109. .Display.of notices.- (1)In addition to notices required to be

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

Act shall be- .. .
(a) written in Bengali . .
b) displayed at a conspicuous and convenient place at or near the
main entrance to the factory; and . .
(c) maintained in a clean and legible condition.
(3) The Chief Inspector may, by order in writing served on the

manager of. any factory, require that there shall be displayed in the
factory any other notice or poster relating to the health, safety. or welfare
of the workers in the factory.
110. Service of notices and retunes.- The Government may make

rules-
• (a) prescribing the manner of the service of orders under z this Act,
and
(b) requiring owners,, occupiers or managers of factories to submit
such return, occasionalor periodical, as it may consider necessary for
,. the purposes of this Act.
111. Obligation of workers.- (1) No workers in a factory shall-

(a) 'iillfully interfere with or misuse any appliance, convenience or
other thin provided in a factory for the purposes of securing the
health, safety or welfare of the workers therein;
(b) willfully and without reasonable cause do anything which is likely
to endanger himself or other.
(c) willfully neglect to make use of any appliance or other things
provided in the factory for the purpses of securing the health or
safety of the workers therein.
(2) If any 'worker employed in a factory contravenes any provision

of sub-section (1), he shall be punishable with imprisonment for a term
which may extend to there months, or with fine which may extend to
Taka one hundred, or with both.
112. General power to make rules.- The I Government may make

rules providing for any matter which under any of the provision of this
Act is to be or may be prescribed , or which may be considered expedient
in order to give effect to the purposes of this Act.
113. No charge for facilities and convenience.- Subject to the

provisions of section 45, no fee or charge shall be realised from any
worker in respect of any arrangements or facilities to be provided or an
equipment or appliances to be supplied by the occupier under this Act.
114. Publication of rules.- (1) All rules madt this Act shall be
subject to the condition of previous publication of the draft thereof with
a notice specifying a date, not late than three months from the date of
such publication on or after which the' draft will be taken into
consideration.
(2) All such rules shall be published in the official Gazette and shall
come into force on the date of such publication.
(3) Rules made under this Act may provide that a contravention
thereof shall be punishable with , fine not exceeding Taka two hundred
and fifty.
115. Protection to persons acting under this Act.- No suit,

prosecution or other legal proceeding shall lie against atiy person for
anything which is, in good faith, done or intended to be done under Act.
116. (Repealed)- Repealed by the East Pakistan Repealing and

Amending.Ordinance, 1966 (E.P. Ord. XIII of 1966).
THE SCHEDULE
(See Sections 90 and 91)
List of notifiable diseases
1. Lead poisoning, including poisoning by any preparation or
compound of lead or their sequelaé..
2. Lead tercthyl poisoning. .
3. Phosphorus poisoning or its sequélae.
4. Mercury poisoning or its sequelae.
5., Manganese poisoning or, its sequelae.
6. Arsenic poisoning or its sequelae.
7. Poisoning by Nitrous fumes.
• • 8. Carbon bi-sulphide poisoning. •
9. Bennzene poisoning including poisoning by any of its
• homologues, their nitro or amido derivatives or its sequeale.
io. Chrome ulceration or its sequalae
11. Anthrax. •
• 12. Silicosis. • • .
13. Poisoning by Halogens or Halogen derivatives of the
Hydrocarbons of the aliphatic series. •.
14. Pathological manifestations due to- •
(a) Radium or other radio-active substances.
(b) X-rays. • •
• 15. Primary ecluithalimatous cancer of the skin. ••
16. Toxic anaemia. •
The Fact ones Rules. 1979
THE FACTORIES RULES, 1979
Contents
Rule Subject Pages
1. Short title ..............................................................................

2. Definitions () Act (b) artificial humidification (c) belt (d) degree
(e) Form (f) fume (g) section (h) septic tank latrine ................ 119
•
CHAPTER I
APPROVAL OF PLANS OFFACTORIY,. FEES FOR
LICESCING AND REGISTRATION
3. Application for construction and extension of factory 119
4. Application for registration and licence ......... ...................... 120
5. Granting of licence .............................. .....................................i21
6. Amendment in Licence .......................121
7. Default in payment of renewal fee,................. ......................122
8. Loss' of licence ................................. ......................................... 122
9. Payment of fees.....................................................................122
CHAPTER II
INSPECTING STAFF
10. Duties of Certifying Surgeons .............................................. 122
CHAPTER III
HEALTH
11.Lime-washing and p inting ................................................... 123
12.Record of cleanliness ............................................................ 124
13 Disposal of wastes and effluents ........................................ .124
14. Construction and maintenance of drains ........................... 124
• 15. Artificial humidification in cotton mills ................ .............. 124
16. Hygrometer........................................................................... • 125
• 17. Exemption from maintenance of hygrometer.................126
18. Temperature to be recorded at each hygrometer ..........126
116 The Factories Rules, 1979
19. Specifications of hygrometer....................................... 126
20. Maintenatice of thermometer ....................................... ..... 126
21. Affixing of hygrometers ......................................................127
22. Recording of reading on hygrometer................................ ...127
23. Introduction of steam of steam for humidification ......... .127
.24. Lighting of interior parts ............................... ......................... 128
25. Provisions for drinking water ..............................................1.28
.26. Cooling of water ................................................................. 129
27. Latrine accommodation ..................................................... 129
28. Design, situation, etc. of latrines ......................................128
29 Septic tank latrine ................................... ............................. 130
30. Reference to municipal and local authorities ........... ......... 131
31. Urinal accommodation ......................................................131
32. Urinals to conform to public health requirement ........... ..132
33. Whitewahing, colour-washing of latrines and urinals 132
34. Number and location spittoons........... .......................................... 132
.35.Type of spittoons shall be of either of the following types.
.36. Cleaning of spittoons............................................. ............... 132
CHAPTER IV
SAFETY
37. Safety Precautions ............................... . ..................................... .133
38. Building and structures.........................................................133
39. Electrical and mechanical transport .............................. ....... 133
40. Machinery and plant ............... ....................................... ........133:
41. Precautions against electrical hazards .......... ...................... .133
42. Methods of work .................................................................. 1.34
43. Stocking and storing of materials etc............. .................................
.44. Work on or near machinery in motion ............................... 134
45. Employment of youlg persons on dangerous machinery 134
46. Lifting machines, chains, ropes and lifting tackles ........... 135
47. Pressure plant .................... . 137
48. Excessive weights ..................140
49. Protection of eyes ............................141
50 Minimum dimension of manholes ...................................... 141
51. Means of escape in case of fire .........................................141
52 Fire fighting apparatus and water supply .......................... 142
53. Prohibition of smoking and naked lights .......................... 144
The Factories Rules. 1979 11.7
• CHAPTER V
WELFARE
54. Washing facilities................................................................ 144
55. First-aid appliances............................................................... 146
56. Ambulance room................................................................. 147
57. Canteen................................................................................. 149
58. Dining hail............................................................................. 150
59. Equipment.......................................................................... 151
60. Prices to be charged........................................................... 151
61. Accounts........................................................................... 151
62. Managing Committee....................................................... 151
63. Shelters, rest rooms and lunch rooms............................. 152
64. Creches........................................................................... 152
65. Wash-room.................................................................... 153
66. Supply of milk and refreshment.................................... 153
67. Clothes for creche staff.................................................
CHAPTER VI
68. Compensatory holidays ........................ ... .............................. 153
69. Cash equivalent ....... ...................... ............................ .............. 154
70. Manner of calculating of ordiiary rate of wages, overtime slips
andmaster-roll .............................................................................154
71. Employment in two factories on the same day .................. 155
72. Notice of periods ofork for adults ................................... 155
73. Register of adult workers....................................................' 155
CHAPTER VII
EMPLOYMENT OF YOUNG PERSONS AND EXCLUSION
OF UNDER-AGE CHILDREN
74. Notice of periods of work for children............................ 156
75. Register of children worker ...... .156
...........................................
76. Exclusion of under-age children . .........................................156
77. Register of leave with wages................................................156
78. Leave Book...........................................................................157
79. Medical certificate...............................................................157
80. Notice of Inspector of lay-off or closure ................ ......... 157
81. Notice of leave with wages ................................................ . 158
82. Payment of wages if the worker dies.................................158
CHAPTER VIII
SPECIAL PROVISIONS
83. Dangerous operation ....................................................... .... 158
84. Reporting of accidents....................................................... 159
85. Minor accidents.................................................................... 159
86. Supplementary report.......................................................... 160
87. Site of fatal accideit............................................................. 160
88. Explosions, fire and accidents to plant............................. 160
89. Notice of occupational and poisoning disease................. 160
CHAPTER IX
SUPPLEMENTAL
.90. Procedure in appeals .................................... ....................... 161
91. Display of extract of the Act and the rules....................162
92. Returns ..................................... ...................................... .....162
• CHAPTER
WELFARE OFFICERS
93. Number of welfare officers ................. . ............................... 162.
94. Duties of welfare officers .................................................... 163
95. Supply of information ..... ...................................................... 164
96. Creche Return .................................... ...................................... .164
97. Shelters, rest rooms and lunch rooms ................................. .164
.98. Service of notice.......................................... ........
... .................164
99. Information required by the Inspector...............................164
100. Filing and preservation of Inspector's reports, letters, etc.
The Factories Rules, 1979 119
No. S.R.O. No 101-L/78/LSWVI/11 (4)1 78.-In exenise of the
powers conferred 4'y section 112 of the Factories Act, .1965 (Act IL' of 1965), and in
suppression , of the Factories Rules, 1953, the Government is pleased to make the
following rules, the same having been previously published as required by sub-section
(1) of section 114 of the saidAc4 namely. - .
\ . . . .
1. Short title.- These rules. may be called the Factories Rules, 1979
2; Definitions.- In these rules, unless there is anything repugnant in

the subject or context-
(a) "Act" means the Factories Act, 1965 (Act. IV of 1965)
(b) "artificial humidification" means the introduction of moisture
into the air of a room by any artificial means whatsoever, except the
unavoidable escape of steam or water vapour into the atmosphere
• directly due to i manufacturing process:
Provided that the introduction of air directly from outside through
moistened mats or screens placed in opening at time when the
temperature of the room is 80 degrees or more, shall not be deemed
to be artificial humidification; . .
•(c) "belt" includes any driving strap or . rope;
(d) "degree" means degrees on the Fahrenheit scale;
(e) "Form" means a form appended to these rule;
(f) "Fume" includes gas or vapor".
(g) "Section" means a section of the Act; and
(h) "Septic tank latrine" means a latrine of the septic tank type
together with its filter beds, and includes includes activated sludge
latrines and aero bacterial latrines. . . .
CHAPTER! .
APPROVAL OF PLANS OF FACTORY, FEES
FOR LICENSING AND REGISTRATION
3. Application for construction and extension of factory: (1)
There shall not be any construction or extension of any factory unless
previous permission 'in writing is obtained from the Chief Inspector for
such construction or extension... .
(2) AU applications for the previous permission shall be made in

Form. No. I which shall be accompanied by. the following documents,
namely--' . .
(a) a flow chart of the manufacturing process supplemented by . a
brief description of the process in its various stages;
(b) plans in duplicate showing-
(i) the site of the factory, and itsmmediate surroundings
including adjacent buildings and other . structures, roads and
drains; and
(ii) the plan, elevation and necessary cross-sections of the
various buildings
I
drawn to scale indicating all relevant details
relating to construction of walls, roofings, natural lighting,
ventilation and means of escape in case of fire, the position of
the plant, machinery, aisles and passage way;an
(c) such other particulail as the Chief Inspctor may require.
• (3) The chief Inspector, if satisfied, shall, in returning to the

applicant one copy, of the plan submitted under sub .rule (2) and subject,
to such conditions as he may specify, approve the plans of construction
or, as the case may be, the extension of a factory, or may call for such
other particulars as he may require to enable him to approved the plan.
(4) No deviation of any kind from approved plans shall be made

without the written permission of the Chef Inspector.
(4) Application for registration and licence: The occupier of

every factory shall, submit to the Chief Inspector an application in Form
No. 2 in duplicate, for its registration and grant of licence.-
(a) in the case of a factory already in existence and engaged in
manufacturing process,. within six months from the date of coming
into force of these rules, and
(b) in the case of a factory coming into existence and engaging in
manufacturing process on or, after•the coming into .
5. Granting of licence: (1) Every licence for a factory shall on the
payment of the fees specified in the Schedule below, be granted by the
Chief Inspector in From No. 3
Provided that the fee payable by a factory declared under section 3
of the Act shall be Taka five.
(2) Every licence shall remain in force up to the 31st December of
the year in which the licence is granted.
(3) The Chief Inspector, on receipt of an application in Form No. 2,
may renew the licence.
(4) The licence or a copy of it shall be displayed at a conspicuous
place of the factory. .
THE SCHEDULE•
Scale Offee payable for licence and
annual renewal oflicence by factories:
Maximum number of workers to be Licence •. . Renewal

employed on any day during the year fees Tk. licence fees Tk.
A. 10 to 30. .......................... 80.00 •16.00

B. 31 to 50 ......................... 200.00 40.00
C. 51 to IOO. ....... . ............ ... .400.00 80.00
D.101to.200.................... .600.00. 120.00
E. 201 to 300..................... .800.00 160.00
F. 301 to 500.................... 1400.00 • 280.00
G-501 to 750.................... 1600.00 • 320.00.
FL 715 to 1000 .............. 2000.00 400.00
I. above 1001.................. 2400.00 480.00
(2) Every application for renewal of licence shall be submitted in

Form No. 2. in duplicate, on or before the 31st December every
year. •. . . •.'
6. Amendment in Licence.- (1) A licence granted under rule 5 may

be amended by the Chief Inspector. . . .
(2) A licensee.whose licence requires to be amended due to increase
in the number of workers in the factory shill submit an application in
Form No. 2 to the Chief Inspector st1ting the nature of amendment. Fee
122 The Factories Rules,'. 1979.
for such amendment shall be Taka Forty and, in addition, the Ilicensee
shall be required to pay the amount of licence fee as may be applicable to,
the factory minus the amount which was originally paid for such
licensing. . . . .
(7) Default in payment of renewal fee.-- If the fee for renewal of

licence is not deposited within the time specified'in sub-rule (2) of rule 5,'
then, notwithstanding any other action which may be taken under the
Act or these Rule, the amount of the fee for renewal of the licence shall
be. 25 per cent, in excess of the amount which would otherwise be
payable if the payment is made within three calendar months of the time
specified and shall be SC) per cent, in excess of the amount which would
otherwise be for further default beyond three calendar months:
Provided that if part of the renewal fee is paid within the due date,
the excess fee shall only be payable on the balance due.
8. Loss of licence- Where a licence granted under these Rules is lost

or accidentally destroyed, a duplicate may be granted on payment of Taka
Five.
9. Payment of fees.;- Every application under these Rules shall be

accompanied by a Treasury receipt showing that the non-refundable fee
has been paid into the local Treasury under the head of account
"XXXVI-Miscellaneous Department-Inspector, of Factories and
Establishment- Miscellaneous Receipt on account of sale of Forms."
CHAPTER!!
INSPECTING STAFF
10. Duties of Certifying Surgeons.- (1) A Certifying Surgeon shall
fix such place and time as he thinks fit for the attendance of persons
wishing to obtain certificate of fitness. Notice of places and times so
fixed. shall be given to the Manager of the factory concerned..
(2) The Certifying Surgeon shall grant certificate of fitness in Form
No. 4. . .
(3) While preparing, a certificate of fitness which shall be deemed to
be a certificate of fitness under section 68 of the Act, the required
particulars shall be filled in on the certificate and the counterfoil, and' on
The 'Factories Rules, 1979 123
both shall be impressed the left thumb mark of the person to whom the
certificate is being granted. '.
(4) The Certifying Surgeon shall submit such report to the Chief
Inspector as the Chief Inspector may call for from time to time in
respect of any factory or class or description of factory determined by
him..
(5) The Certifying Surgeon shall visit the factories to examine
persons engaged in dangerous occupations or processes at such intervals
as the Chief Inspector may specify in this behalf.
(6) The, Certifying Surgeon shall record the result of the
examination in each visit in a register, known as the Health Register, in
Form No. 5 maintained with the Manager.
(7) If the Certifying Surgeon finds as a result of the examination that

any person employed in any procesi is no longer fit for medical reasons
to work in the process, such person, shall be withdrawn from working in
that process for such time as the Cdtifying Surgeon may think fit and no
person, , after suspension, shall be employed in that process without the
written sanction of the Certifying Surgeon in the Health Register..
(8) the Manager of the factory shall afford to the Certifying Surgeon
all facilities to inspect any process in which any person is employed or, is
likely to be employed. . ..
(9) The Manager of the factory shall provide, for the purpose of any
medical examination which the Certifying Surgeon wishes to con ductat
the factory, a room which shall be properly cleaned and adequately
ventilated and lighted and furnished with a screen, table and chairs.
(10) If the examination of persons employed, in , dangerous

occupations or processes cannot be carried out at the factory owing to
the special nature of the examination that may be necessary, the Manager
of the factory shall arrange to send such persons to such places as, may
be required by the Certifying Surgeon. .
• . CHAPTER III
HEALTH
• .11. Lime-washing and painting- . In every factory, all inside walls.
and partitions, all ceilings or tops of rooms and all wall, sides and 'tops of
124 The .Factories Rules, 1979
• passages and staircases if painted or varnished and have smooth,
impervious surfaces, shall be washed with water once in everyfourten
months and, if necessary, by soap and brush.
12. Record of cleanliness.- The •dates on which the processes,

required by clause (d) of section 12 are carried Out shall be entered ina
Register maintained in Form No. 6.
13. Disposal of wastes and effluents.- In the case of a factory

situated in a place where no public sewerage system exists, prior approval
of the arrangements made for the disposal of the wastes and effluents
shall be obtained from the Chief Inspector who shall act in this behalf in
consultation with the Directorate of Health Services.
14. Construction and maintenance of drains.- All drains carrying

waste or sludge water aliall be constructed in masonry or other.
impervious material and shall be regularly flushed and the effluent shall
be disposed of by connecting such drains with suitable drainage line:
-- Provided that, where there is no such drainage line; the effluent
shall be deodorized and rendered innocuous and then disposed of in a
suitable manner to the satisfaction of the Inspector. . .
15. Artificial humidification in cotton mills.- There shall be no

• artificial humidification in any room of a cotton spinning or weaving
factory-- ...
(a) by the use of steam during any period when the dry bulb
temperature of that room exceeds 85 degrees; ....
(b) at any time when the wet bulb, reading of the hygrometer is
higher than that specified in the Schedule below in relation to the
dry bulb reading of hygrometer at that time, or as - regards a-dry bulb
reading intermediate between any - two dry bulb readings indicated
consecutively in the Schedule when the dry bulb reading does not
efccred the wet bulb reading to the extent itidicated in relation to the
lower of these two dry bulb readings: .
Provided that clause (b) shall not apply when., the • difference
between the wet bulb temperature as indicated by the"hygrometer in
the department concerned and the wet bulb temperature taken with
a hygrometer outside in the shed is less than 3.5 degrees.
• . The Factories Rules, 1979 125 =
THE SCHEDULE
Dry . Wet Dry Wet Dry Wet.

bulb. bulb, bulb. . bulb. bulb.: bulb.
1•2, 3 .4.. 5 .6
.60.0 58.0 77.0 75.0 94.0 86.0
61.0. 59.0 78.0 76.0 95.0 . . 87.0
62.0. 60.0 79.0 77.0 96.0 87.0
63.0 61.0 80.0 . 78.0 9.7.0 88.0
64.0 62.0 81.0 79.0 98.0 .88.5
65.0 63.0 82.0 80.0 99.0 89.0
66.0 64.0 8.0 80.5 100.0 . 89.5
670 65.0 84.0 81.0 101.0 90.0
68.0 66.0 85.0 . 82.0 102.0 90.0.
69.0 .67.0 86.0 82.5 103.0 90.5
70.0 68.0 87.0 83.0 104.0. 90.5
71.0 .69.0 88.0 • 83.5 105.0 . 91.0
72.0 70.0 89.0 •• 84.0 106.0 91.0
73.0 '. 71.0 90.0 84.5 107.0 91.5..
74.0 72.0 91.0 . 85.0 .108.0 91.5
75.0 73.0. 92.0 85.0 109.0 92.0
76.0 .. 74.0 93.0 •• 86.0 110.0 92.0
16. Hygrometer- (1) In all departments of Cotton spinning and

weaving mills wherein artificial humidification is adopted, hygrometers
shall be provided and maintained in such prostitutions . as are approved
by the Inspector. .
(2) The number of hygrometers shall be regulated according to the
following scales, namely:- . ...
(a) Weat'ing Department.- One hygrometer for departments, with less
than 250 looms, and thereafter , one additional hyggrometer for every
250 looms, or part thereof. . ... .
(b) Other Departments-- One hygrometer for each room of less than
2.00,000 cubic feet capacity and thereafter one extra hygrometer for
each 1, 50, 000 cubic feet capacity or part thereof.
(c) One additional hygrometer shall be provided and maintained
outside each cotton spinning and weaving factory wherein artificial
humidification is adopted.
(3) A legible copy of the Schedule annexed to Rule , . 15 shall be

affixed near each hygrometer.
17. Exemption from maintenance of hygrometer.- If the Chief

Inspector is satisfied that the limits of humidity allowed by the Schedule
to Rule 15 are never exceeded, he may grant exemption to any
department of a factory from the maintenance of the hygrometer.
18. Temperature. to be recorded at each, hygrometer.- (1) At

each hygrometer maintained in accordance with rule 16 correct wet and
dry bulb temperature shall be recorded thriëe daily during each working
day by the persons nominated by the Manager of the factory and
approved by the Inspector.. The temperatures shall be taken between 7
a.m. And 9 a.m., between .11 a.m. and 2 p.m. (but not 'between the rest
interval) and between 4 p.m. and 5-30 p.m. In exceptional circumstances,
such additional readings shall be taken in such manner as the Inspector
may specify. . . . .
(2) The temperatures shall be entered in a Humidity Register in Form

No. 7, maintained in the factory. At the end of each month, the persons
who, have taken the readings shall sign the Register and certify the
correctness of the entries,I This Register shall always be available for
inspection by the Inspector. . . . ..
19. Specifications of hygrometer (1) . Each hygrometer shall

• comprise two mercurial thermometers of wet bulb and dry bulb of
• similar construction and equal in dimensions, scale and divisions of
scale. They shall be . mounted on a frame with a suitable reservoir
containing water.
(2) The Wet bulb shall be, 'closely covered with a single layer of
• muslin, kept wet by means of a wick attached to it and dipping into the
water in the reservoir.
(3) No part of the wet bulb shall be within 3 inches of the dry bulb
or less than I inch from the surface of the water in the reservoir and the
water reservoir shall be below it, on the side of it away from the dry bulb.,
The Factories Rules; 1979 127
• (4) The bulb shall be spherical and of suitable dimensions and shall
• be 'reely exposed on all sides to the air of the room.
(5) The bores of the stems shall be such that the position of the top
of the mercury column shall be readily distinguishable at a distance of 2
feet. .
• (6)Each thermometer shall be graduated so that accurate readings
may be taken between 50 and 120 degrees.
(7) Every degree from 50 . degrees up to 120 degrees shall be clearly
marked by horizontal lines on the stem, each fifth and tenth degree shall
be marked by longer marks than the intermediate degrees and the
temperature marked opposite each tenth degree, that is, 50, 60, 70, 80,
90,100 ' 110 and120.
(8) A distinctive number shall be indelibly marked upon the
thermometer. .
(9) The accuracy of each thermometer shall have to be certified by
such authority as the Chief Inspector may specify and such certificate
shall be attached to the Humidity Register.
20. Maintenance of thermometer.- (1) Thermometers shall be

maintained at all factories in such manner as the Chief Inspector may, by
instruction, direct in this behalf.
(2) If the Inspector gives notice in writing that a thermometer is not
accurate it shall not be deemed to be accurate unless and until a fresh
certificate is obtained declaring its fitness.
21. Affixing of hygrometers.- (1) No hygrometer shall be affixed to

a wall pillar, or other surface unless protected by wood or other non-
conducting material at least half an inch in thickness.
(2) No hygrometer shall be fixed at a height of more than 5 feet 6
inches from the floor to the top of thermometer stem or in the direct
draughts, from a fan, window or ventilating opening.
22. Recording of reading on hygrometer- No reading shall be

taken for record on any hygrometer within 15 minutes of the renewal of
water in the reservoir.
23. Introduction of steam of stem for humidification... The

steam pipes used for the introduction steam for the purposes of artificial
humidification of the air in any room shall be subject to the following
namely:-
(a) the diameter of the pipes shall not exceed two inches and, in the
case of pipes installed after the 1st day of March, 1979, the diameter
• shall not exceed one inch
(b) the pipes shall be as short as is reasonably practicable;
(c) all hangers supporting the pipes shall be separated from the bare
• pipes by an efficient insulator not less than half an inch in thickness.
•(d) the steam pressure of the pipes shall be as low as practicable , and
shall not exceed 70 lbs. Per square inch; and
(e) the pipes employed for the introduction of steam into the air in a
department shall be effectively covered with such , nonconducting
material as may be approved by the Inspector, in order to minimise
the amount of heat radiated by them into the department.
24.. Lighting of interior parts.- The lighting of and the light

fittings in the interior parts of a factory where persons , are regularly
employed and in other part shall be of such specification or, as the case
may be, of such manner, as the Chief Inspector may specify in this
behalf.
25. Provisions for drinking water.- (1) In every factory . there shall
be provided and maintained at suitable points conveniently accessible to
all workers a supply of water fit'for drinking. The quantity supplied daily
shall be at least as many gallons as there are workers.
(2) The drinking water required to be supplied under sub-rule (1)
shall be contained in suitable vessels and shall be renewed at least daily.
All practicable steps shall be taken to preserve the water and vessels from
contamination.
(3) Any open well or reservoir from which the drinking water is
derived shall be so situated and protected as not be liable to pollution by
any organic mater of other impurities.
(4) The are around any place where drinking water is supplied to the
workers shall be maintained iii a clean and drained condition..
(5) The Inspector may, by order in writing, require the Manager of
the factory to obtain a report from the Directorate of Health Services as
to whether the drinking water supplied to the workers is fit for drinking
or otherwise.
The Factories Rules-]979 129.
26. Cooling of water.- In every factory wherein, more than two
hundred and fifty workers are ordinarily employed, the drinking water
supplied to the workers' canteen, lunch room and rest room shall, from
the 1st of April to the 30th September,.in every year, be cooled by ice or
other effective method: .
provided that if ice is placed in the drinking water, the ice shall be
clean and wholesome;
Provided further that in the case of factories where provisions for
water-coolers have been made, the Chief Inspector may, by order in
writing, relax the provision of this rule.
27. Latrine accommodation- (1) Latrine accommodation shall be

provided in every factory on the following scale:-
(a) Where females are employed, there shall be at least one latrine for
every 25 females.
(b) Where males are employed, there shall be at least one latrine for
every. 25 males: .
Provided that, where the number of male employees exceeds xceed' 100, it
shall be sufficient if there is one latrine for every 25 males upto the first
100, and one for every 50 thereafter:
Explanation.- In calculating the number of latrines required under

this rule, any odd number of workers less than 25 or 50, as the case may
be, shall be reckoned as 25 or 50.
(2) The number of workers in a factory for whom septic tank latrine
accommodation shall be deemed to be adequate shall be the maximum
number of daily users as approved by the Directorate of Health Services
under clause (a) of rule 29, or the number Of workers provided for on the
scale specified in sub-rule (1), whichever is less; and where the number so
calculated is less than the total number of workers employed, the
accommodation provided by way of septic tank latrines. shall not be
deemed to be sufficient within the meaning of section 20.
28. Design, situation, etc. of latrines.- The following provisions•

shall apply tolatriries:-
(1) The design and' the site or situation shall be subject 'to the
approval of the Directorate of Health Services, and the construction shall
130 The Factories RUles, 1979
be subject to the approval of the Chief Inspector. Application for such
approval shall be accompanied by plans in duplicate showing-
(a) the site or situation and immediate surroundings including
adjacent buildings and drinking water, source, and
• (b) the plan, elevation, and necessary cross-section drawn to scale
• indicating all relevant details. .. •.
(2) They shall. be situated, unless otherwise approved in writing by

the Inspector, within the factory precinct and so located that every
worker may have ready access thereto and no effluvia therefrom can
arise within a workroom.
• (3) They shall not .communicate with any workroom except through.
the . open air or through an intervning ventilated space and shall be
adequately lighted during working hours..
(4) They shall be under over can so partitioned off as to secure
privacy and shall have proper hinged doors and fastenings:
Provided that the Chief Inspector may,.. by. order in writing, exempt
factories existing on the commencement of these rules from providing
hinged doors and fastening for these latrines which have been
constructed before such commencement. . .
(5) Where workers of both sexes are employed, separate latrines shall
be provided for each sex and outside such each latrine , at the entrance,
there shall be displayed in a conspicuous position, an approved sign or a
notice in Bengali clearly indicating the sex for which the latrine is
provided. All latrines intended for females shall be so placed or so
screened that the interior shall,not be visible, even when the door is
Qpen, from any place.where persons of.other sex have to work or pass, if
the latrines for one sex adjoin those for the other sex the approaches
shall be separate and there shallti. 9 common entrance
(6) Where piped water-supply is available, a sufficient number of
water taps, conveniendy, accessible, shall be provided in or near such
latrine accommodation. ..:
29 Septic tank Iatnnc - The following provisions shall apply to

septic tank latrines:-': • .•. .. • • •
(a) The maximum number of daily users for .rhom the tank is
designed shall be approved by the Directorate of Health Services,
and a notice board showing such number shall be fixed in a
prominent position on each latrine. .
The Factories Rules, 1979 . 1 131
(b) The latrines shall be so designed as to allow a space of 2 cubic

feet to 3 cubic fee.t'per 'user and the ordinary filter beds shall have 6
cubic feet of filtering media per every user, and for rotary filters the
capacity may be reduced to 3 cubic feet per user. .
(c) Efficient automatic. recording 'turnstile or turnstiles shall'be
provided for recording the total number, of users admitted on any
day, and a register showing the number of daily users shall be
maintained.
(d) The effluent 'therefrom shall conform to such standards as the
Government may, by notification in the official 'Gazette, specify in
its behalf.
e) For the satisfactory disposal of the sludge or other solid matters,
a pit of cubical capacity equal to the total flow, of not less than an
hour shall be provided to receive the solid matter. When the pit
becomes full, the valves should be closed and the solid matter and
sludge shall be allowed, time to settle. The effluent shall then be
drawn off and sterilised, and the solid matter and sludges shall be,
trenched or burnt.
Provided that where the Chief Inspector is satisfied that in respect

of any septic tank. the requirements of clause . (ç) are not necessary he,
may," by order in writing, grant exemption from that clause on such
conditions, if any, as he may impose. . .
30. Reference to municipal and local authorities.-In the case of

factories situated in places within the limits of a local authority if it
appears to the Inspector that has been a breach of the provisions of any
Act constituting the local authority relating to sanitary arrangements,
removal' of objectionable rubbish, the' cleaning and fencing of water'
tanks, or the like matters, the Inspector shall, without prejudice to any.
action which he is empowered' to take under the Act or the rules made
thereunder, draw the attention of the local authority to the breach of
such provisions.
.31. Urinal Urinal accommodation shall be

provided for the use of male workers which shall not be less than 2 feet
in length. It shall be sufficient if there is one urinal' for every 50 males up.'
to the first 500 employed, and one for every 100 thereafter. In calculating
the urinal accommodation: required under this rule any odd number of
workers less than 50 or 100, as the case may be, shall be reckoned as 50
or 100.
• 32. Urinals to conform to public health requirement.- Urinal

other than those connected with an efficient waterborne sewerage system
and urinals in a factory wherein more than 250 workers are ordinarily
employed shall comply with the requirements of the Directorate Health
Service.
33. White- washing, colour-washing of latrines and urinals.- The

walls, ceilings and partitions. of every latrine and urinal shall be
whitewashed or colour-washed and the white-washing or colour-washing
shall be repeated at least once in every period of four months. The dates
on which the white-washing or colour-washing is carried out shall be
entered in the Register in Form No 6:
• Provided that parts of latrines and urinals which are laid in glazed
tiles or otherwise finished to provided, a smooth polished impervious
surface shall be washed with suitable detergents and disinfectants at least
once in"every period of four months. .
34. Number and location of spittoons.- The number and location

of spittoons to be provided shall be to the satisfaction of the Chief
Inspector.
35. Type of spittoons.- Type of spittoons shall be of either of the

following types-
(a) a galvanised iron container with a conical funnel shaped cover. A
layer of suitable disinfectant liquid shall always be maintained in the
container; or
(b) a container filled with dry and clean sand and covered with a
layer of bleaching powder; or
(c) any type approved by the Chief Inspector.
36. Cleaning of spittoons.- The spittoons shall be emptied, cleaned,

and disinfected at least once in everyday and the spittoons mentioned in
clause (b) of rule 35 shall be cleaned by scraping out the . top layer of sand
as often as necessary or at. least once in every day.
• The Factories Rules; 1979 133
CHAPTER IV
SAFETY•
37 Safety precautions.-- Without prejudice to the provisions of sub-
section (1) of section 23, in regard to the fencing of machines, the further
precautions as may be directed by the Chief Inspector in writing shall
apply to the machines specified in such direction.
38. Building and structures.- No building., wall, 'chimeny, bridge,

tunnel, road, gallery, stairway, ramp, floor, platform, staging or other
structure, whether • of a • permanent or temporary character, shall be
contracted, situated or maintained in any factory in such a manner as to
cause risk of bodily injury.
39. Electrical and mechanical transport--No railway or other

electrical or mechanical means of transport within the precincts of a
factory shall be constructed, situated or maintained many factory in such
a'manner as to cause risk of bodily injury.
Provided that the Chief Inspector shall not allow the use of any
such railway or means of transport if it is designed, maintained or
operated in contravention of any provisions of any, other. Act, for- the
time being in force.
40. Machinery and plant.-No machinery, plant or equipment shall.

be constructed, situated, operated or maintained in any factory in such a
manner as to cause risk of bodily injury. ' .. •
.41. Precautions against electrical hazards.- (1) In every factory all

electric supply lines and apparatus shall be of proper size and sufficient
strength and shall be constructed, situated, protected, worked7. and
maintained in such a manner as to cause no risk of bodily injury:
Provided that where. automatic mechanism- is installed which
'renders 'dead' any electrical equipment on the occurrence of any danger,
such mechanism shall be taken into account by the Inspector when.
considering the adequacy or otherwise of the protection furnished:
Provided further that in no case shall the Inspector accept as
adequate any conditions or combination of conditions which are subject
to objection under any law for the time being in force. . •
134 The Factories Rules; 1979
.
(2) Every, portable hand lamp Must be equipped with an insulating

• handle and the bulb must be enclosed in 'a wire cage which must . be
insulated from the metal:parts of the . Tamp-holder.
•1
(3) Wherever practicable, connection between the flexible cable of a
portable apparatus and the supply 'line shall be made by a properly
designed three pin plug and socket sothat wrong insertion will not be
possible.
(4) The type and the layout of electrical apparatus to be used and the
method of electrical wiring in any part of a factory in which any
substance likely to induce ignitable or explosive mixture is used Or stored,
shall be subject to the approval of the Chief Inspector.
Explanation. -'Apparatus' includes all apparatus, machines . and

fittings in which conductors are used, or of which they form parts.
42. Methods of work.- No process or work shall be carried on in

any factory in such a manner as to cause risk of bodily injury.
43. Stacking and storing of materials etc..- No materials or

equipment shall be stacked or stored in such .a manner as to cause risk of
bodily injury. .•. .. .. .
44. Work on or near machinery in motion.- (1) One or more adult

male workers shall be appointed for 'the purposes of sub-section (1) of
section 24. A. list of such w ' orkers shall be maintained in a Register in
Form No. 8. . . . .
(2) No worker shall be appointed unless he has been sufficiently
trained for such examination or operation and is acquainted with the
dangers from moving machinery arising in connection with such work.
(3) A worker required to wear tight fitting clothing under subsection
(1) of section 24 shall be provided by the occupier and such clothing
shall consist of at least a pair of closely fitting shorts and a closely fitting
half sleeve shirt or vest. Such clothing shall be returned to the occupier'
on termination of service of when new clothing is provided..
45. Employment of young persons on dangerous machinery.-

'The following machines shall be deemed to be of such dangerous
character that young persons shall not work at them, unless the,
provisions of subsection (1). of section 25 are complied with-
(a) power presses, other than hydraulic presses, milling machines
used in the metal trades; '. .. . ..
(b) guilktine machine; . . . .
(c) circular saws; and . ..
. (d) plate printing machines
46. Lifting machines, chains, ropes and lifting tackles.- (1) No

lifting machines and no chain, rope or lifting tackle, except a fibre rope
or fibre rope sling, shall be taken in use in any factory for the first time in
that, factory unless it has been tested and all parts have been thoroughly
examined by a competent person and a certificate of such a test and
examination specifying the safe working load or loads and signed by the
person taking the text and, the examination, has been obtained and is
kept available for inspectiop.
(2) Every jib.-crane so constructed that the safe working load may be
varied by the raising or lowering of the jib, shall have attached thereto
either an automatic indicator or safe workings loads at corresponding
inclination of the jib or corresponding radii of the load. .
(3) A table shoeing the safe working loads of every kind and size of
chain, rope or lifting tackle in use and in the case of a multiple sling, the
safe working loads of different angles of the legs shall be posted in the
storeroom or place where or in which the chains, ropes or lifting tackles
are kept, and in prominent positions On the premises and no rope, chain
or lifting tackle not shown in the table shall be used. The provisions of
this sub-rule shall not apply in respect of a lifting tackle if the safe
working road thereof, or in the case of a 'multiple sling, the safe working
load at different angles of the legs, is plainly marked upon it.
(4) A register in Form No. 9 shall be maintained containing the
following, particulars, which shall be available for inspection:-
(i) name of the occupier of the factory;
(ii)address of the factory;
(iii) distinguishing number or mark and description to identify the
lifting machine, chain, rope or lifting tackle;
(iv) date when the lifting machine, chain,, rope or lifting tackle was
first taken into use in the factory;
(v) date and number of the certificate relating to any test and
examination made under sub-rule . (1 .) together with the name and
address of the person who issued the certificate; ',
(vi)date of each periodical thorough examination made and by
whom it was carried out;
(vii) date of annealing or other heat treatment of the chain and other
lifting tackle and by whom it was carried out;
(viii) particulars of any defects affecting the safe working load found
at any examination or after anneling and of the steps taken to
remedy such defects.,
(5) All chains and lifting tackles, except a rope sling, shall Unless they
have been subjected to such other heat treatment as may be approved by
the Chief Inspector, be effectively annealed under the supervision of a
competent person at the followitig intervals:-
(i) all chains, slings, rings, hooks, shackles and swivels used in
connection with molten metal or molten slag or when they are made
of half inch bar or smaller, once at least every six months;
(ii) all other chains, rings, hooks, shackles and swivels in general use
Once at least in every twelve months:
Provided that chains and lifting tackle not in frequent use • shall,
subject to the approval of the Chief Inspector, be annealed only when
necessary particulars of such annealing shall be entered in the register
mentioned under sub-rule (4).
(6) Nothing in sub-rule (5) shall apply to the following classes of

chains and lifting tackle:-
(i) chains made of malleable cast iron;
(ii)plate link chains;
(iii)chains, rings, hooks, shackles and swivels made of steel or of any
non-ferrous metal;
(iv)pitched chains, workings on sprocket or pocketed wheels;
(v) rings, hooks, shackles and swivels permanently attached to
pitched chains, pulley blocks or weighing machines;
(vi) hooks and swivels having screw threaded parts or ball hearing or
other case hardened parts;
(vii) socket shackles secured to wire ropes by white metal capping;
(viii)bordeaux connections;
(ix) any chains or lifting tackle which has been subjected to heat
treatment know as "normalising" instead of anneling. Such chains
and lifting tackle shall be thoroughly examined by a competent
The Factories Rules, 1979,137
person once at least in every twelve months and particulars entered
• in the register kept in accordance with sub-nile (4).
(7) All machines, chains, ropes • and lifting tackles, except a

fibre rope or fibre rope sling, which have been lengthened, altered or
repaired by welding or otherwise, shall before being again taken into use,
be adequately tested and re-examined by a competent person and a
certificate of such text and exarnin'afion be obtained
(8) All rails on which a traveling crane moved and every track on
which the carriage of a transporter or runway moves, shall be of proper
size and adequate strength and have an even running surface and every
such rail or track shall be properly laid, adequately supported and
properly maintained.
(9) No person under 18 years of age and no person who is not
sufficiently trained and reliable shall be employed as drive of a lifting
machine whether .driven by mechanical power or otherwise or to give
signals to the driver.
(10) Overhead traveling cranes shall be provided with safe access by
stairways or fixed laddres from the ground or floor to the crane . cabe and
from the crane cabs to the bridge footwaiks. -
1. (11) Where the . regular footwalks or platforms provided on the
bridges of overhead traveling cranes do not afford safe support for
changing or repairing wheels of end tracks, special platforms shall be
provided for the purpose at both ends of each bay.
Provided that the Chief Inspector may exempt any factory in
respect- of any particular overhead traveling crane from the operation of
any provision of this sub-rule subject to such condition as he may direct
in writing. . .. .
47. Pressure plant.- (1) Every plant or machinery other than

working cylinder of prime movers used in a factory, and operated at a
pressure greater than atmospheric pressure, shall be-
(a) of good construction, sound material, adequate strength and free
from any patent defect; • .
(b) properly maintained in a safe condition; -
(c) fitted with- •. - • •. -
(i) a suitable safety or other effective device to ensure that the
maximum permissible working pressure of the vessel shall not
be exceeded; . . -
(ii) a suitable pressure gauge easily visible and designed to show,
at all times, the correct internal pressure in pounds, per sq. inch,
and marked with . a prominent .red mark at the safe working
pressure of the vessel;
(iii) a suitable stop valves by which the vessel may be isolated,
from other vessels or source of supply of pressure;
(iv) a suitable drain cock or valve at the lowest part ofthe vessels
for the discharge of collected liquid:
Provided , that it shall be sufficient for the purpose of clause (c) if

the safety valves, pressure gauge and stop valve are mounted on a pipe
line immediately adjacent to the vessels and where there is a range to
two or more similar vessels in a plant served by the same pressure load,
only one set of such mountings need be fitted, provided they cannot be
isolated; . . .
(d) thoroughly examined by a competent person-

(i) externally, once in every period of six months, to ensure
general condition of the vessel and the workings of its fitting;
(ii). internally, once in every period, of twelve months, to. ensure
condition of the walls, seams and ties, both inside and outside
vessel, soundness of the parts of the vessel, and the effects of
corrosion. If by reason of construction of the vessel, thorough
internal examination is not possible then examination may be
replaced by a hydraulic test which shall be carried out once in
every two years, provided that the vessels in continuous
processes which cannot be frequently opened, the period of
internal examination may be extended to . four years;
(iii) hydraulically, at intervals of not more than four years:
Provided that in respect of pressure vessels with thin walls, such as,
sizing cylinders made of copper or any other non-ferrous metal, periodic
hydraulic test may be dispensed with on the condition that the
requirements laid down in sub-rule (2) are fulfilled.
(2) In respect of pressure vessels of thin walls, such as sizing cylinder

made of copper or any other non-ferrous metals, the safe working
pressure shall be reduced at the rate of 5 per cent, of the original working
pressure for every year of its use after the first 5 years and no such
The Factories Rules, 1979. . 139.
cylinder shall be continued to be used for more than twenty years after it
was first taken into use. .
(3) If no information as to the date of construction, thickness of
walls and safe working pressure is available, the age of the sizing cylinder
shall be determMed;by the competent person in consultation with the
Chief Inspector from any other particulars available with the Manager of
the Factory. ... .
(4) Every new and second hand cylinder of thin walls to which
repairs have been carried out and which may effect its safety, shall - be
tested before use at least once and half times its working pressure.
(5) Every vessel other than part of a • prime mover operated at a
pressure greater than atmospheric pressure, and not so constructed as to
withstand safety, e maximum permissible working pressure at the
source of supply, or, the maximum; pressure which can be obtained in the
pipe connecting the vesse1 with any other source of supply shall be fitted
with a suitable redicing valve of other suitable automatic device to
prevent the safe working pressure of the vessel beings exceeded.
(6) If during thorough examination, doubt arises as to the ability of a
vessel to work safely\ until the next examination provided for in these
rules then the competent person shall enter , in his report in Form No 10 a
statement mentioning the reasons for authorizing the vessel for further
work, subject to a lowering of pressure or to more frequent inspection or
subject to both of these requirements.
(7) No vessel which has undergone alterations or repairs shall be
taken into use unless it is thoroughly examined by a competent person.
(8) A report on the result of every examination made shall be
completed in Form No. '10 and signed by the person making the
examination and shall be kept availableforperusalby an Inspector.
(9) No vessel which has perviously been used elsewhere shall be
taken into use in every factory for the first time in another factory until it
has been examined and reported in accordance with these rules and no
new vessel shall be taken into use unless a certificate specifying the
maximum permissible working pressure thereof, and the nature of the
tests to which the vessel and its fittings, if any have been subjected, has
been obtained from ,the maker of the vessel, or from a: competent
person. The certificate shall be kept available for perusal by an Inspector,
and the ,vessel to which the certificate relates shall be so marked as to
enable it to be easily identified. . '
140 . The Factories Rules, 1979
(10) Where the report of any examination under, this rule specifies
conditions for securing the safe working of a vessel, the vessel shall not
be used except in accordance with these conditions.
(11) The competent person making the report of any exathination
under, this rule shall, within seven days of the completion of the
examination, 'send to the Inspector a copy of the report in every case
where the maximum permissible working pressure is educed, or the
examination shows that the part cannot continue to be used with safety
unless certain repairs are carried Out immediately or within a specified
time.
(.12) The requirements of this rule shall. be in addition to and not in
derogation of the requirement of any other law, rule or regulation for the
time being in force.
(13) Nothing in this rule shall apply to--
(a) any pressure plant which comes within the scope of the Boilers
Act, 1923; and;
(b) portable cylinders of vessels used for transport of gases.
(14) the Chief Inspector may exempt on such conditions as may be

deemed expedient any or all the pressure vessels from compliance with
any or all the provisions of this rule if he is satisfied that the construction
or use of these vessels is such that inspection provisions are not
necessary or a:e not practicable.
Explanation. - In this rule, "vessel" means any closed vessel of any

capacity but does not include feed pumps, steam traps, turbine casings,
compressor cylinders, valves, air vessels or pumps, pipe coils of the
normal design, accessories of instruments and appliances, such as,
cylinders and piston assemblies used, for operating relays and interlocking
type of guards, gas holders with working pressure only slightly over
atmospheric pressure and of capacity than 5,000 cubic ft, vessels
with liquids subject to static head only and hydraulic operating cylinders
other than, any communicating with an air loaded accumulator.
48. Excessive weights.- (I) No man, women of young person shall

be employed in .any factory to lift, carry or move by hand or on lead,
unaided by another person, any material, article, tool or appliance
exceeding the, following maximum limit in weight:
•
S.
(a) adult male ...... 681bs
b) adult female.. 50"
(c) adolescent male 50"
(d) adolescent female 40"
(e) male child 35"
(f) female child 30'
• (2) No woman, while she is pregnant, shall be employed in- any

factory to lift, carry or. move by hand or on head, any material, article,
tools or appliance.
49. Protection of eyes.—Effective screens or suitable goggles shall

be provided for the protection of persons employed in or in the
immediate vicinity , of the following processes :-
(a) dry grindings of metals or articles applied by hand to a revolving
wheel, or disc driven by mechanical power; turning (external or
internal) of non-ferrous metals or of cast iron, or articles of such
metals or such iron, where the work is done dry, other than
precision turning where the use of goggles or screen would seriously
interfere with the work, or turning by means of hand tools;
(b) welding or cutting of metals by means of electric, oxyacetylene or
similar processes;
(c) fettling, cutting Out cold rivets or bolts, chipping or scaling, and
breaking or dressing of stone, concrete slag and the like by hand
tools or other portable tools.
50. Minimum dimension of manholes.- Every chamber, tank, vat,

pipe, flue or other confined space in which persons may have to enter
and which may contain dangerous fumes to such extent as to involve risk
of the persons beings overcome thereby, shall unless there is other
effective means of egress, be provided with a manhole which may be
rectangular, oval or circular in shape, and which shall-
(a) in the case of a rectangular or oval shape, be not less than 16"
long and 12" wide;
(b) in the case of a circular shape, be not less than 16" in diameter.
51. Means of escape in case- of fire.- (1) Each room of a factory

building shall be provided with not less than two exits for use in case of
142 The Factories Rules, 1979 7
fire, so positioned that each person will have a reasonably free and
unobstructed passage from his work place to an
(2) No such exit shall be less than 32'-0" in width and less than 6'-6"
in height.
(3) In the case, of a factory building or pat of a factory building of
more than one story and in which not, less than 20 persons work at any
one time, there shall be provided at lest with one substaitiáI stairway'
permanently contracted either insider or outside the building and which
affords direct and unimpeded access to ground level.
(4) In the . case of factory building or part of a factory building in
which 20 or more persons work at any one time above the level of the
ground floor or wherein' explosive or highly inflammable material are
used or stored,, or which is situated below' ground level, ' the means of'
escape shall include at least two separate and substantial stairways
permanently constructed either inside or outside the building and which
..afford direct and unimpeded access to ground level. . .
(5) Every stairway in a 'factory which affords means of escape in case.
of fire shall be provided with a substantial handrail which, if the stairway
has open side shall be on that side, and if the stairway has two open
Sides, such handrail shall,be provided on both sides.
(6) In the case of a building constructed or converted for use as 'a
factory, after coming into force of these rules, 'the following additional
requirements shall apply:
(a) at least one of the 'stairways shall be of fire resisting materials;
(b) every hoistway or lift-way inside a factory building ,shall be
completely enclosed with fire-resisting materials and all means of
access to the hoist or lift shall be fitted with doors of fire-resisting
materials;
(c) no fire escape stair shall be constructed at an angle 'greater than'
45" from the horizontal;
(d), no ,part of a 'factory building shall be a at a , distance (along the
line of travel) of 150 more from any fire escape stair; and
'(e) no stairway shall be less than 45" in width..
52. 'Fire fighting apparatus and water supply;- (1) In every'

factory there shall be provided and maintained two fire buckets of not
less than two gallon capacity each for every 1,000 sq. ft. of floor area
'subject to a minimum of four such buckets on each floor and every
bucket shall- ,.
(a) conform to appropriate Bangladesh standard specification;
(b) be kept in a position approved by the Inspector and shall be used
for no other, purpose than for extinguishing fire; and
(c) at all times be kept full Of water, except where the principal fire
risk, arises from inflammable liquid or other substances where water
cannot be used: .
Provided that the Chief Inspector may, for reasons to be recorded

in writing, relax the requirements of this clause.
(2) In factories having more than 1,000 sq. ft. floor area and where
fire may occur due to combustible materials other than inflammable
liquids, electrical equipment and ignitable metals, soda acid or equivalent
type of portable extinguishers at the rate of one for every 5,000 sq.if of
area spaced at not more than '100 ft. apart subject to a minimum of one
extinguisher shall be provided in addition to fire buckets required under
sub-rule (1). . . .
(3) In factories where fire may occur due to inflammable liquids or
groase or paint, the extinguishers to be provided at the scale laid down in
sub-rule (2) shall consist of foam, carbon tetrachloride, dry powder,
carbon dioxide, carbonate tetrachloride or equivalent type. . .
(4) In factories where fire may occur due to electrical equipment, the
cxtinguishers to be provided at the scale laid down in sub-rule (2) shall
consist of carbon dioxide, dry powder, carbon tetrachloride or equivalent
type.
(5) In factories where fire may occur due to magnesium, aluminum
or zinc dust. or shavings or other ignitable metals, the use of liquids,
carbon dioxide or foam type extinguishers shall be prohibited and an.
ample supply of clean, fine dry sand, stone dust or other inert material
shall be kept ready for extinguishing such fires.
(6) Every type of portable fire extinguisher shall be kept mounted in
a position approved by the Inspector;
• Provided that where the Chief Inspector is of opinion that owing to
the adequate automatic fire fighting installations approved by any
recoginised fire association of fire insurance company provided in the
factory building or room, the provisions of this sub-rule may be relaxed,
he may issue a certificate in writing specifying the extent to which the
above requirements are relaxed in respect of that building or room.
144 The Factories Rules,:] 979
(7) Every portable fire extinguisher to be provided under sub-rule (2)
shall-
(a) conform to the appropriate standard specification;
(b) be kept charged .ready for use, properly mounted in a position
approved by the Inspector and accompained by maker's pointed
instructions for its use; and
(c) be examined, tested or discharged periodically in accordance's
with the maker's recommendation.
(8) Every factory shall keep. and maintain sufficient number of spare.
charges for each type of extinguisher provided in the factory with a•
maximum of 12 spare charges always in stock and readily available.
(9) Every worker of the factory should, as .far as possible, be trained
in the use of portable the..proper extinguishers subject to a'minimum of
at least one fourth of the numbers engaged spearately in each section of
the factory.
(10) Each factory shall have a trained officer who shall be
responsible for the proper maintenance and upkeep of all fire fighting
equipments.
(11) The Manager of the factory shall prepare a detailed 'Fire Safety
Plan' for proper enforcement of fire safety rules and for actions to be
taken, in proper sequence, in the case of a fire in the factory.
53. Prohibition. of smoking and naked lights.- There shall be

exhibited in Bengali and in English languages, a notice prohibiting
smoking and the use of naked lights in any place where they would be
dangerous, Or where the Inspector may require, and all other reasonable
precautions against fire shall be taken.
CHAPTEkV
WELFARE
54. Washing facilities.- (1) There shall be provided and properly
maintained in every factory for the use of the workers adequate and
suitable facilities for washing which shall include soap and nail, brushes or
other suitable means of cleaning and the facilities shall be conveniently
accessible and shall be kept in a clean and orderly condition.
• (2) Without prejudice to the generality of the foregoing provisions
the washing facilities shall include-
(a) trough with tap or jets at intervals of not less than 2'0° or
(b) wash-basins with taps attached thereto, or
•c taps on stand-pipes, or
(d) showers .controlled by taps, or
(e) circular troughs of the fountain type:
Provided that the Inspector may, having regard to the need and
habits of the workers, fix the proportions in which the aforementioned
types of facilities shall be installed.
• (3) Every trough and basin shall have a smooth, impervious surface s
and shall be fitted with a waste-pipe and plug.
(4)The floor or ground under and in the immediate vicinity of every
trough, tap, wash-basin, stand pipe and shower shall be so laid or
furnished as to provide a smooth impervious surface and shall be
adequately drained.
(5) For persons whose work involves contract with -any injurious or
noxious substance, there shall be at least one tap for every 15 persons
and for persons whose work not involve contact the number of taps
shall be as following
No. of workers No of traps

Uptoto 20.......................................................i
21to35............................................................2
36 to 50............................................................3
51to150.........................................................
151 to 200 ........................................................ 5
Exceeding 200 but not exceeding 500 5 plus 1 tap for every 50 or
fraction of 50.
Exceeding 500 ii plus one tap for every 100 or fraction of 500.
(6) If female workers are employed separate washing facilities shall

be provided and so enclosed or screened that the interiors are not visible
from any place where persons of the other sex work or ,pass. The
entrance to such facilities shall bear conspicuous notice in the language
understood by the majority of the workers "For Women only". and shall
also be indicated pictorially.
(7) The water-supply to the washing facilities shall be capable of.
yielding at least two gallons a day for each person employed in the
factory.
55. First-aid appliances.--The first-aid boxes or cup-board shall be

distinctively marked with a red cross on a whit ground and shall contain
the following equipments:-
(a) for factories in which the number of persons employed does not
exceed ten or in the case of factories in which mechanical power is
not used does not exceed fifty persons, each first-aid box or cup-
board shall contain the following equipments:-
(i) 6 small sterilized dressings,
(ii)3 medium size sterilized dressings,
(iii)3 large size sterilized dressings
(iv) 3 large size sterilized burn dressings,.
(v) 1 (1 oz.) bottle containing a 2 per cent. Alcoholic solution of
iodine,
(vi) I (I oz.) bottle containing rectified spirit.
(vii)one pair of scissors. ..
(viii)I copy of the fist-aid leaflet, and
(ix) analgesic tablets, ointment for burns and suitable surgical
antiseptic solutions:
(b) for factories, in which mechanical power is used and in which the,
number of persons employed exceeds ten but does not exceed fifty, each
first-aid box or cup-board shall contain the following equipments:-
(ii)6medium size sterilized dressings,
(iii)6 large size sterilized dresstngs
(iv) 6 large size sterilized burn dressings,
(v) 6 (1/2 oz.) packets of sterilized cotton wool. -
(vi) 12 (2 oz.) bottle containing a 2 per cent. Alcoholic solution
of iodine. .. .
(vii) 1 (2 oz.) bottle containing rectified spirit, .
(viii)I roll of adhesive plaster, -
(ix) tourniquet, . . . .
(x) I pair of scissors,
(xi) I copy of first-aid leaflet, and
The Factories Rules. 1979 .. 147
(xii) analgesic tablets, ointment for burns and suitable surgical
antiseptic solution;
(c) for factories employing more than fifty persons, each first-aid
box or cup-board shall contain the following requirements:-
(ii) 12 medium size sterilized dressings,
(iii) 12 large size sterilized dressings,
(iv) 12 large size sterilized burn dressings,
(v) 12 large size sterilized burn dressing,
(vi) 12 (1/20z.) packets of sterilized cotton wool,
(vi). tourniquet,
(vii) 1 I (4 oz.) bottle containing a 2 per cent, alcoholic solution
of iodine,
(viii)one pair of scissors,
(ix) 1 (4 zo.) bottle of rectified spirit,
(x) I copy of first-aid leaflet,
(xi) 12 (4" wide) roller bandages,
(xii) 12 (2" wide) rollerbandages,
(xiii)2 rolls of adhesive plaster,
(xiv)6 triangular bandages,
(xv) 2 packets of safety pins,
(xvi) a supply of suitable splints, and
(—ii) analgesic tablets, ointment for burins and suitable surgical
antiseptic solution:
Provided that items xi to xvii (both inclusive) need not be included

in the standard first-aid box or cup-board in case there is a properly
equipped ambulance room, or where there is at least one box containing
such items is maintained.
56. Ambulance room- (1) The ambulance room or dispensary shall

be in charge of a qualified medical practitioner assisted by at least one
qualified compounder and nurse and such subordinate staff as the Chief
Inspector may direct. The medical practitioner shall always be available
on call during working hours.
(2) The ambulance room or dispensary shall be separate from the
rest of the factory and shall be not situated in close proximity to any part
of the factory in which noisy processes are carried on.
• (3) Plan and site plan, in duplicate, of the building to be constructed
or adapted as the ambulance room or dispensary shall be submitted for
the approval of the Chief Inspector.
(4) The ambulance room shall have smooth, hard impervious floor
and walls impervious up to a height of 5 ft. and shall be adequately
ventilated and lighted by both natural and artificial means. It shall be
used only for the purpose of first-aid treatment and rest and shall contain
at least-
(a) a glazed sink with hot and cold water..
(b) a table with a smooth top of at least 6'4" X3"6"
(c) means for sterilizing instruments,
(d) a couch,
(e) two stretchers,
(f) two buckets or containers with close fitting lids,
(g) two rubber hot water bags and two ice bags, where required,
(h)a kettle and spirit stove or other suitable means of boiling water,
(i) 12 plain (36"X 4" X 1/4") wooden splints,
(j) 12 plain (14"X 3" , X,1/4") wooden splints,
(k)6 plain (10" X2" X 1/4") wooden splints,
(1) 6 woolen blankets,
(m) one pair of artery forceps, -
(n) two medium sire sponges,
(o) 6 hand towels, .•
(p) four kidney trays,
(q) four cakes of carbolic soap;
(r). 2 glass tumblers and wine glasses
(s) 2 clinical thermometers and a few4yptkdermic syringes.
(t) graduated measuring glasses and testtm,
(u) eye bath arrangements,
(v) one bottle (2 lbs.) carbolic ltitit tIn 20.
(w) 3 chairs, •
(x) one screen,
• (y) one electric hand torch,
(z) four first-aid boxes or cup-boaras stocked to the standards
prescribed under clause (c) of rule 55, and
• (zz) adequate supply of anti-tetanus serum.
(5) The Chief Inspector may, in the case of Ordnance Factories,
relax the provisions of sub-rules (1), (2) (3) and (4).
(6) The occupier of every factory shall, for the purpose of removing
serious cases of accident or sickness, provide in the premises and
maintain in good
' condition a suitable transport unless he has made
arrangements for obtaining such a transport from a hospital.
(7) A record of all cases of accident and sickness treated at the
ambulance room shall be kept and produced to the . Inspector or
Certifying Surgeon when required. .
(8) The scale of medicines to be provided in the dispensary shall be
as notified by the Chief Inspector from time to time.
57. Canteen- (1) The occupier of every factory as may be specified

by notification in the Official Gazette wherein more than 250 workers
are ordinarily employed shall provided in the factory an adequate canteen
according to the standards specified, in these rules.
(2) The occupier of a factory shall submit for the approval of the.
Chief Inspector, plans and site plans in duplicate, of the building. to be
constructed or adapted for use as canteen.
(3) The canteen building shall be situated not less than 50 ft. from
any latrine, urinal, boiler house, coal stacks, ash dumps and other source
of dust, smoke or obnoxious fumes: .
Provided that the chief Inspector may, in any particular factory ,,
relax the provisions of this sub-rule to such extent as may be reasonable
in the circumstances and may 'require measures to be adopted to secure
the essential purposes of this sub-rule.
(4) The canteen building shall be constructed in accordance with the
plans approved by the Chief Inspector and shall . contain at least a
drinking hail, kitchen, store room, pantry and washing place separately
for workers and for utensils:
Provided that the Chief Inspector may, in the case of factories
existing on the date of commencement of these rules, relax' the
previsions of this sub-rule to such extent as he considers reasonable.
(5) The height of every room in the building shall be not less than 12
feet from the floor level to the lowest part of the roof. The floor and
inside walls up to a height of 4 ft. from the floor shall be made of
smooth and impervious material;
150 The Fact ores Rules, 1979
Provided that in the case of factories . existing on the date of
commencement of these rules, the Chief Inspector may, by order in
writing, relax the provision of the sub-regarding height.
(6) The doors and windows of a canteen building shall be to fly-
proof construction and shall allow adequate ventilation.
(7) The canteen . shall be sufficiently lighted at all times when any
person has access to it.
(8) (a) In every canteen.--
(i) all inside walls of rooms and all ceilings and passages
and stair-cases shall be lime-washed or colour-washed at
least once in each year or painted once in every three
years; .
(ii) all wood work shall be varnished or painted once in
every three years;
(ii) all internal structural iron or steel work shall be
varnished or painted once in every three years;
(iv) inside walls of the kitchen shall be lime-washed
once in every four moths.
(b) Records, of dates on which lime-washing, colour-washing.
Varnishing or painting is carried out, shall be maintained in the
Register in Form No. 6,
(9). The canteen building shall be maintained in a clean and hygienic

condition and its precincts shall be maintained in a clean and sanitary
condition. Waste water shall be carried away in suitable covered drains
and shall not be allowed to accumulate so as to cause a nuisance. Suitable
arrangement shall be made .for the collection and disposal of garbage.
58. Dining hall.- (1) The dining hall shall accommodate at least 30
percent.. of the workers working at a time:
Provided that, in any particular factory or in any particular class .of
factories, the Chief Inspector may, by an order in writing in this Behalf,
alter percentage of workers to be accommodated.
(2) The floor area of the clinging hall, excluding the area occupied by
the service counter and any furniture except tables and chairs, shall be
not less, than 10 sq. ft. per worker to be accommodated as specified in
sub-rule (1). .
(3) . A portion of the dining hall and service counter shall be
partitioned off and reserved for women workers in proportion to their
The Factories Rules, 1979 .. . 151
number. Washing places for women shall, be separate, and screened to
secure privacy.
(4) Sufficient tables with impervious tops, chairs or benches shall be
aailable for. the number of workers to be accommodated as specified in
sub-rule (1).
59 Equipment.- (1) There shall be provided and maintained

sufficient utensils, crockery, cutlery furniture and any other equipment
necessary for the efficient running of the canteen. Suitable clean clothes
for the employees serving in the canteen shall also be provided and
maintained. . .
(2) The turniture5 utensils and other equipment shall be maintained
in a clean and hygienic condition. A service counter, if provided, shall
have a top of smooth and impervious material. Suitable facilities
including an adequate supply of hot water shall be provided for the
cleaning of utensils and equipment.
60. Prices to be charged.-- (1) Food, drink and other items served'
in the canteen shall be sold on a non-profit basis and the prices charged
shall be subject to the approvial of the Canteen Managing Committee.
(2) The Charges of foodstuff, beverages and any other item served in
the canteen shall be conspicuously displayed in the canteen.
6.1.. Accounts.- (1) All .books of accounts, registers and any other
documents used in connection with the running of the canteen shall be
produced on demand to an Inspector.
(2) The accounts pertaining to the canteen shall be audited, once in
every 12 months, by registered accountants and auditors. The balance
sheet prepared by the said auditors shall be submitted to the Canteen
Managing Committee not later than 2 months after the closing of the
audited accounts:
Provided that the accounts pertaining to the ' canteen in a
Government factory having its own Accounts Department, may be
audited by such Department. .. .
62. Managing Committee.- (1) The Manager shall consult the

Canteen Managing Committee from time to as to-
(a) the quality and quantity of foodstuffs to be served in the canteen;
(b) the arrangement of the canteen; and
(c) the time of meals in the canteen; and
(d) any other matter as may be found necessary for the purpose
efficient administration of the canteen.
(2) The Canteen Managing Committee shall consider of an equal

number of persons -nominated by the Manager and elected by the
workers. The number of elected workers shall be in the proportion of I
for every 1,000 workers employed in the factory:
Provided that, in no case,- there shall be more than 5 or less than 2
workers in the Committee.
(3) The Manager . of the factory shall determine and supervise the
procedure for elections to the Canteen Managing Committee.
63. Shelters, rest rooms and lunch rooms.- The shelters or rest
rooms and lunch rooms shall conform to such standard and size as the
Chief Inspector may direct and the Manager of the factory shall submit
for approval of the Chief Inspector plan and site plan, in duplicate, of
the building to be constructed or adapted.
64. Creches.- (1) The creche shall be conveniently accessible to the

mothers , of the children . accommodated therein and so far as is
reasonably practicable it shall not be situated in close proximity to any
part of the factory where obnoxious fumes, dust or odours are given off
or in which excessively noisy processes are carried on. Plan or site plan,
in duplicate, of the building to the constructed or adapted, shall be
submitted for the approval of the Chief Inspector.
(2) The building in which the crèche is situated shall be soundly
constructed and all the -walls and roof shall be of suitable heat resisting
materials and shall be water-proof. The floor and internal walls up to a
height of 4 feet from the floor of the creche shall be so laid or finished as
to provide a smooth impervious surface.
(3) The height of the rooms in the building shall not be less than 12
ft. from the floor to the lowest part of the roof and there shall be not less
than 20 sq. ft. .floor area for each child to be accommodated.
(4) Effective and suitable provisions shall be made in every part of
the crèche for securing and maintaining adequate ventilation by the
circulation of fresh air.
(5) The creche, shall be adequately furnished and equipped and .in
particular there shall be one suitable cot or cradle with the necessary
bedding for each child, at least one chair or equivalent seating
accommodation for the use of each mother while she is feeding or
attending to her child, and a sufficient supply of suitable toys for the
older children.
(6) A suitable fenced and shady open air play-ground shall be
provided for the older children:
Provided that the Chief Inspector may by order in writing, exempt
any factory from compliance with this sub-rule if he is satisfied that there
is not sufficient space available for the provision of such a play-ground.
65. Wash-room.-There shall be in or adjoining the crèche a suitable

wash-room for the washing of the children and their clothing. The wash..
room shall conform to the following standards:-.
(a) the floor and internal walls of the room to a height of 3 ft. shall
be so laid or finished as to provide smooth impervious surface. The
room shall be adequately lighted and ventilated and the floor shall be
effectively drained and maintained in a clean and tidy condition.
(b) There shall be at least one basin or similar vessel for every five
children accommodated in the crèche at any one time together with
a supply of water provided, if practicable, through taps at the rate of
at least 5 gallons per child per day.
(c) An adequate supply of clean clothes, soap and clean towels shall
be made available for each child.
66. Supply of milk and refreshment At least 2-1/2 lb. (one powa)
of pure milk shall be made available for each child on every day for the
children while in crèche. There shall be provided in addition an adequate
supply of wholesome refreshment.
67. Clothes for crèche staff.-The crèche staff shall be provided

with suitable clean clothes for use while on duty in the crèche
CHAPTER VI
68. Compensatory holidays.- (.1) Except in the case of workers
engaged in any work which, for technical reasons, must be allowed
under-sub-section (1) of Section 52, holidays shall be so spaced that not
more than two holidays are given in one week.
• (2) The Manager of the factory shall display, on or before the month
in which holidays are lost, a notice in respect of workers allowed
compensatory holidays during the month in which they are due or the
two subsequent months and of the days thereof, at the place at which
the notice of periods of work specified under section 60 is displayed, Any
subsequent change in the notice in respect of any compensatory holiday
shall be made not less than 5 days in advance of the date of that holiday.
(3) No worker shall be discharged or dismissed before he has been
given compensatory holiday to which he may be entitled and no such
holiday or holiday shall be reckoned as part of any period of notice
required to be given before discharge or dismissal.
(4) The Manger of the factory shall maintain a Register in Form No;
11. The register shall be preserved for a period of three years after the
last entry in its and shall be produced before the Inspector on demand.
69. Cash equivalent.- The cash equivalent of the advantage'

accruing through the confessional sale to a worker of' foodgrains and
other articles shall be computed at the end of every wage period fixed
under section 4 of the Payment of Wages Act., 1936.
• 70. Manner of calculating of ordinary 'rate of wages, overtime

slips and muster-roll.- (1) For, the purposes of section 58 of the Act the
ordinary rate of wages per hour payable to workers shall be calculated in
the following manner:
(i) for workers employed on daily wages- 1/9th of-the daily wages;
(ii) for workers employed on weekly wages- 1/48th of the weekly
wages; or .
(iii) for workers employed on monthly wages- 1/20th of the
monthly wages.
(2) The Manager of every factory in which workers are exempted

from the operation of the provisions of Section 50 or section 51 shall
keep a muster-roll in Form No. 12 showing the normal piece-work rate
of pay, or rate of pay per hour of all exempted employees'. In this muster-
roll there shall be correctly entered the overtime hours, of work and
payments thereof of all exempted workers. The must-roll shall be made
in ink and the muster-roll shall be preserved for three calendar years after
the last entry in it. .
The Factories Rules, 1979 . 155
(3) Period of overtime work shall be entered in overtime slips, in,
duplicate, a copy of which duly signed. by the Manager of the factory. or
by a person duly authorised by him shall be given to the workers
immediately after completion of the overtime work.
71. Employment in two factories on the same day.- An adult

worker employed in one factory may work on, the day in one or more
other factories provided that-- .
(a)he does not thereby change his employer; .
(b) unless working under the provisions of the rule providing for the
exemption of workers engaged on urgent repairs under clause (a) of
sub-section(2) of Section 63, he does not work for longer periods or
for more hours than he might legally have worked in the factory in
which he is employed;
• . (c) any time spent in travelling between one factory and other shall
be deemed to be time during which he has worked; and
(d) in computing any pay due to the worker for overtime, the total of
all hours worked by him in any factory, including any time
necessarily spent in traveling between one factory and another shall
be deemed-to be the total hours worked by him on that day.
72. Notice of periods of work for adults.- The notice of periods

of work for adult workers shall be in Form No. 13. Form No. 13A or
Form No. 13B, as the case may be.
73 Register of adult workers.- (1) The register of adult workers

shall be maintained in form No. 14.
(2) There shall be maintained a separate register for each group of
workers classified under section 60.
(3) Where a workers is transferred from one group • to another or
from one relay to another, the particulars of his transfer shall be entered
against him name.
(4) All entries in the registers shall be made in ink, shall be legible
and shall be maintained up-to date.
(5) All registers shall be maintained in • Bengali or English and all
dates entered in a register shall be in accordance with English calendar
year. . . .
1 56 The Factories Rules, 1979
All
(6) registers for the preceding three calendar years shall be
preserved and be made available in the factory for examination by the
Inspector.
CHAPTER VII
EMPLOYMENT OF YOUNG PERSONS AND
EXCLUSION OF UNDER-AGE CHILDREN
74. Notice of periods of work for children.- The notice of period

of work of children workers shall be in Form No. 13, Form No. hA or
Form No, 13B, as the case may be.
75. Register of children worker.- (1) The register of child workers

shall be maintained in From No. 15
(2) there shall be maintained a separate register for each group of
children classified under section 70.
(3) Where a child is transferred from one group to another or form
one relay to another, the particulars of his transfer shall be entered
against his name.
(4) All entries in the registers shall be made in ink, shall be legible
and shall be maintained up-to-date.
(5) All registers shall be maintained in Bengali or English and all
dates entered in accordance with the English calendar year:
(6) All registers for the preceding three calendar years shall be
preserved and shall be available in the factory for examination by the
Inspector.
76. Exclusion of under -age children.- No child under the age of

14 years shall be permitted within the work rooms and godowns of any
factory at any time during which work is carried on.
77. Register of leave with wages.- (1) The Manger of every factory
shall keep an up-to-date register in Form No. 16 showing the particulars
of leave with wages:
Provided that if the Chief Inspector is of the opinion that any
muster-roll or register maintained as part of the routine of the factory, or
return made by the Manager, gives in respect or any or all of the workers
in the factory the particulars required for the enforcement of Chapter
VII of the Act, he may, by order in writing direct that such muster-roll or
The Factories Rules, .1979 157
register or return shall, to the corresponding extent, be maintained in
place of and be treated as the register or return required under this rule in
respect of that factory.
(2) The register of leave with wages shall be preserved for a period
of 3 years . after the last entry in it and shall be produced before the
Inspector on demand. .
78. Lave BoOk-. (1) The Manager shall provide each worker with a
book to be called Leave, Book in Form No. 17. The Leave Book shall be
the property of the worker and the Manger of the factory or his agent
shall not demand it except to make relevant entries therein whenever'
necessary and shall not keep.it for more than a week at a time. All entries
in the Leave Book shall be made in ink, shall be legible and shall be
maintained up'-to-date. .
(2) If a worker loses his Leave book the Manager of the factory shall,
provided him with another copy on payment of 25 poisha and sahil
complete in from his record. . . .
79. Medical certificate.- If any worker is absent from work due to

his illness, and wants to avail himself of the leave with wages due to him
to cover the whole or part of the period of his illness, under the
provisions of sub-section (2) of section 80, he shall, if required by the
Manager of the factory, 'produce a medical certificate signed by a
registered medical practitioner stating the cause of the absence and the
period for which the worker is, in the option of such medical.
practitioner, unable to attend his work.'
.80. Notice of Inspector of lay-off or closure.- The occupier or

Manager of every factory shall give to the Inspector a notice of every
case of lay-off as soon as possible, and of every extended closure of the
factory' or any section or department thereof stating the reason for the
lay-off or closure. The particulars' of workers working in the factory,
section or department, as the case may be, on the date of the notice, the
number of workers or worker or worker on lay off or likely to be
unemployed on account of the closure and the possible period of the
closure and the possible period of the closure shall be brought to the
notice of the Inspector in writing. The occupier or Manger shall also
send a notice to the Inspector as soon as the factory section or
department this effect shall be made in the leave with wages register and
the LeaveBook in respect of each worker concerned,
81. Notice of leave with.-. (1) As far as circumstances permit,

members of the same family, comprising husband, wife and children,
shall be allowed leave under section 78 on the same date.
(2) A worker may exchange the period of his leave with another
worker; subject to the approval of the Manager of the factory..
(3) "Year". in section 79 and 80 shall mean the English calendar year.
• 82. Payment of wages if the worker dies.- If a worker dies before

Availing himself of le'ave with wages due to him leave pay shall be paid to
his legal heir.
CHAPTER VIII.
SPECIAL PROVISIONS
83. Dangerous operation.- (1) The following operations shall be

considered hazardous operations for the purpose of section 87-
(a)manufactures of aerated water and processes incidental thereto;

(b) electrolytic plating or oxidation of metal articles by use of
electrolytes containing chromic acids or other chromium
compounds;
(c)manufacture or repair of electric accumulators;
(d) glass manufacture;
(e)grinding or glazing of metals;
(f) manufacture, treatment or handling of lead, lead alloys or certain
compounds of lead;
(g)generation of gas from dangerous petroleum;
(h) cleaning or smoothing of article's by a jet of sand, metal shot or
grit or other abrasive propelled by a blast of compressed air of
steam;
(i) liming and tanning of raw hides and skins and processes
incidental thereto:
(j) feeding of jute, hemp or other fibres into softening machines;
(k) lifting, stacking storing and shipping of bales in and from
finished good's godowns of jute Mills;
(I) manufacture, use Or storage of cellulose solutions;
or
(m) manufacture of chromic acid or manufacture recovery of the
bichromate of sodium, potassium or ammonium;
(n) printing presses and type foundries wherein certain load
processes are carried on
(o) manufacture of compressed hydrogen or compressed oxygen;
(p). manufacture of pottery;
(q) manufacture of rayon by the viscose process; and
(r) manufacturing processes and processes incidental thereto carried
Out in such works as the Chief Inspector may specify in writing
• (2) The ,Chef Inspector shall, by instructions in writing, specify the

requirements for the purpose of clauses (b), (c), (d) and (e) of section 87.
84. Reporting of accidents.- (1) When there occurs in any factory

an accident to any person which results in death or such injury that there
is no reasonable prospect that he will be able to resume his employment
in , the factory within 20 days, such accidents shall be called in all
communication as "Fatal" or "Serious", as the case may be, and the
Manager of the, factory shall give notice of the occurrence forthwith by
telephone, telegram or special messenger to-
(a) the Chief Inspector .
(b) the Deputy Commissioner,
(c) Inspector .
(d) the commissioner for Workmen's Compensation appointed
under section 20 of the Workmen's. Compensation Act, 1923; and
(e) in the case of fatal accident only, the Officer-in Charge of the
Police station within the local limits of which the factory is located.
(2) Reports by special messenger shall be in Form No. 18 and those

sent by telephone or telegram shall be confirmed within 24 hours by a
written report in that Form.
85. Minor accidents.- When there occurs in any factory an accident

to any person less serious than those described in rule 84 but which
prevents or is likely to prevent him from resuming the employment in
the factory within 48 hours after the accident occurred, such accident
shall be recorded by the Manager and reported by him in Form No. 18 as
soon as practicable, but in any case within 7 days of its occurrence, to the
160 The factories Rules, 1979
authorities mentioned in clauses (a), (b) and (c) of rule 84. Such accidents
shall be called in the communications as "Minor Accidents"
86. Supplementary report.- (1) When an accident which has been

reported to the Inspector as either "Serious" or "Minor" afterwards
proves to be "Fatal" , Manager of the factory shall make the necessary
correction in a supplementary report which shall be sent forthwith to the
authorities mentioned in clauses (a), (b), (c) and (d) of rule 84.
When an accident which has been reported to the Chief
Inspector and Inspector as "Minor" afterwards proves to be "Serious", or
when one reported as "Serious" afterwards proves to be "Minor", the
Manager of the factory shall make the necessary corrections in a
supplementary report which shall be sent forthwith to the authorities
mentioned in clauses (a), (b) and (c) of rule 84.
(3) A final accident report shall be sent by the Manager of the
factory to the Chief Inspector and Inspector, in Form No. 18A within
one month from the date of occurrence of the accident.
87. Site of fatal accident.- Where loss of life has immediately

resulted from an accident, the place where the accident occurred shall be
left as it was immediately after the accident until the expiration of at least
three days after the time when the notice required under rule 84 was
given, or until the visit to the place by an Inspector, whichever first
happens, unless compliance with this rule would tend to increase or
continue the danger.
88. Explosions, fire and accidents to plant.- When there occurs

in any factory any explosion, fire, collapse of buildings, or serious
accident to the machinery or plant, whether or not attended by personal
injury or disablement, such occurrence shall be reported by the Manager
of the factory within five hours of the occurrence to the authorities
mentioned in clauses (a) and (b) of rule 84 in from No. 18B.
89. Notice of occupational and poisoning disease.- Notice in

Form Nos. 19 and 20 shall be sent forthwith both to the Chief Inspector
and to the Certifying Surgeon by the Manager of a factory in which there
occurs a case of lead, phosphorous, mercury, manganese, arsenic, carbon
disulphide or benzene poisoning, or poisoning by nitrous fumes, or by
halogens or halogen derivatives of the hydro-carbons of the aliphatic
The Factories Rules. 1979' 161
series, of or chrome ulceration, anthrax, silicosis, toxic anaemia. Toxic
jaundice, primary epitheliinatous cancer of the skin, or pathological
manifestations due to radium of other radio-active substances or X-rays.
• CHAPTER IX
SUPPLEMENTAL
90. Procedure in appeals.- An appeal presented under section 108

• shall be in the form of a memorandum setting forth concisely . . the
,grounds of objection to the order and bearing court-fees stamps in
.accord^Ice with Article 11 of Schedule 11 to the Court-fees Act, 1870
andhallbe accompanied by a copy of the order appealed against.
(2) On receipt of the memorandum of appeal, the appellate authority
shall, if the appellant has requested that the appeal should be heard with
the aid of assessor, call upon the appellant to deposit an amount to be
fixed by it for payment to the assessors, if necessary after conclusion .of
the appeal. . . . . .
(3) On receipt of the memorandum of appeal, the appellate authority
shall, if it thinks fit, or if the 'appellant has requested that the appeal.
should be 'heard with the aid of assessors, call upon the registered
association of employers declared under sub-rule (4) to be representative
of the industry concerned to appoint an assessor within a period of 14
days. If an assessor is appointed by such association, the appellate
authority shall appoint a second assessor itself., It shall then fix a date and
place for the hearing of the appeal and shall give due notice of such date
and place to the appellant and to the Chief Inspector or, as the case may
be, Inspector, whose order is appealed against and, also to the two
assessors.
(4) If, in the memorandum of appeal, the appellant ,has requested
that-the appeal should be heard with the id of assessors he shall declare
in the memorandum the name or names of registered associations of
employer's of which he is a member.
(5) The association entitled to appoint the assessor within ,,the
meaning of sub-section (2) of section 108 shall be determined as
hereinafter stated-
a) if the appellant is a member' of one such association it shall be
that association.
162 . The Factories-Rules 1979
(b) if he is a member of more than one such association, it shall be
the association which desires that theassessor should be appointed.
• (c) if the appellant does not declared in the memorandum, of appeal
that he is a member of any association, or if he does not declare
which of such associations desires to app' omt the assessor, then the
appellate authority shall call upon the association which it considers
to be best fitted to represent the industry, to appoint the assessor.
(6) An assessor appointed in accordan& with the provisions of sub-

rule (3) and (5) shall receive, for the hearing of appeal, a .fee . to be fixed
by the appellate authority, subject to .a maximum of fifty taka per diem.
He shall also receive the actual travelling expenses. The fees: and
travelling expenses shall be paid to the assessors by the Government, but
where assessors have been appointed at the request of the appellant the
travelling expenses of the assessors shall be paid in whole or in part out
of the money deposited under, sub-rule (2) and the balance of the
deposit, if any, refunded to the appellant.
91. Display of extract of the Act and the rules.- The Manager or
occupier of a factory shall display such extracts of the Act and the rules
as the Chief inspector may direct in a conspicuous place orthe factory.
92. Reiurns.- The Manager of every factory shall furnish to the

chief. inspector- •..
(a)a.nnuaFreturns, in duplicate,.In From Nos 21, 22, 23 and 24 by

the 31st January of the year subsequent to that to which it relates; and
(b). a half-yearly return in Form No. 25 by the 15th July and. 15th
January each yer.
CHAPTERX
WELFAR E OFFICERS
93 Number of welfare officers. - In every factory where five

hundred or more workers are ordinarily employed there shall be
•apppited at least: onç welfare officer, and when the number of workers
exceed two thousand, one welfare officer shall be appointed for every.
two thousand 'workers ora fraction thereof. •
S
The Factories Rules, 1979 •. 163
94. Duties of welfare officers.- The duties of a welfare officer shall

be- .
(a) to establish contacts and hold consultations witha view to
maintaining harmonious relations between the. management of the
factory and workers;
(b) to bring to the notice of the management of the factory the
grievance of workers, individual as ivèllas.collective, with a vie'vto
securing their expeditious redress;
(c) to study . and understand the point of view of the workers and to.
help the management and the workers to resolve their differences in
a spirit of understanding and cooperation;
(d) to watch industrial relations with a view to using his influence in
the event of a dispute arising between the management of thefl.
factory and workers and to help to bring about a settlement through
mutual discussion and joint consultation;
(e) to deal with wages and employment matters by joint consultation
with the management of the factory and the workers representative
body;
(f) to promote healthy labour-management . practices;
(g) to keep co-ordination with the medical officer of the factory for
better services and treatment of the workers;
(h) to encourage the formation of works committees and joint
production committees, co-operative societies and welfare
committees and to supervise their workings;
(i) to look after the provisions of amenities, such as canteen, shelters
for rest, creche, adequate latrine, facilities, drinking water, and the
like; .
(j) to help the management of the factory. in regulating the grant of
leave with wages and explain to the workers the provisions, relating
to leave with wages and,. leave privileges and to guide the workers in
the matters of submission of application for grant of leave and of
regulating authorised absence;
(Ic) to look after the welfare provisions, such as, housing facilities,
supply of food stuffs, establishment of cooperative stores and .fir
price shop's, social and recreational facilities, sanitation. and adviced
on personnel problems and education of children; .
- (1) to suggest measure which will serve to raise the working and
living conditions of the workers and promote their general well
being; .
164 The Factories Rules. 1979
• (m) to advise the management of the factory on questions relating to
• the training of new starters, apprentices, to further education of
workers and to encourage their attendance to Technical Institutes.
95.. Supply of information.- Every occupier or Manager of a

factory shall send a report to the Chief Inspector as soon as a welfare
officer is appointed. A report on the termination of employment of such
officer shall also be sent to the Chief Inspector within seven days of the
termination of service of such officer.
96. Creche Return.- The Manager of every factory; wherein more

than 50 women workers are ordinarily employed, shall furnish to the
Chief Inspector and Inspector not later than 31st January of the year
subsequent to that to which it relates a creche return in Form No. 26.
7. Shelters, rest rooms and lunch rooms.- The Manager of every.

factory wherein more than 150 workers are ordinarily employed, shall"
furnish to the Chief Inspector not later than 31st January of the year
subsequent to that to which it relates a return in respect of shelters, rest
rooms and lunch rooms Form No 27. .
98.. Service of notice.. Any notice of order required by the

provisions of the Act or these rules, to be served on any person shall be
served by tendering the notice or order or sending it by registered post to
the person for whom it is intended.
99. Information required by the Inspector.- The occupier or

Manager of every factory shall furnish any information that an Inspector
may require for the purpose of satisfying himself whether any provision
of the Act has been carried out. Any information, if demanded 'during
the course of an inspection, shall be complied with forthwith if the
information is available in the, factory, or, if demanded in writing, shall
be complied with within seven days of receipt thereof.
100. Filing and preservation of Inspector's reports, letters, etc-

All certificates, orders letters, reports or other documents issued, by the
Inspector or other officer , duly appointed ix this behalf by the
'Government with regard "to the fitness of safety of the factory or any
portion of its buildings, works, machinery and plants, apparatus or ways,
/ The Factories Rules, 1979 165
or with respect to the fitness of workers employed in the factory shall be
properly. filed and preserved, for a period of three years and shall. be
available.in the factory for examination by the Inspector.
FORM NO1 . .
(see rule 3) .
APPLICATION FOR PERMISSION TO CONSTRUCT OR
EXTEND A FACTORY
1. Applicant's name..................................................................................
2. . Applicant's address............................................................................
3. Full name and postal address of the Factory ..............................
4. Situation of the Factory: .. .
District ........................... .Town or Village ........... ....... ...... Police-station
.........................................Nearest Railway . station, Steamer or launch
ghat.... ................................Bus stoppage...............................................
5. Particulars of plant to be install.........................................................
Date: . . .. •. Si nature ofApplicant

• FORM NO. 2
(See rules 4 and 6).
(To be submitted in duplicate)
1. (a) Full name of the Factory ............................ ...........

(b) Previous name of the factory (if different from the present name)
2. Situation of factory :.Address...............................
P.O. ............................. . ............ ................................................................

Sub-division ........................................................... i.s...............................
Dist.........................................................................................................
3. Name and address of the owner of the premises occupied as

factory....................... . ............i.:.:.............................................................
4. Nature of the manufacturing process. /processes--
(a) . Carried on in the factory during the preceding twelve months (if
the factory was then, in existence)...........................................................
(b) To be carried on the factory during the next twelve months
5. Name and residential address of the Manager for the purpose of

the Factories 'Act, 1965 .................................................
S/ti.................................... .......................
6. Name and residential address of the occupier....................................
(a) Director, or the Managing Agents.....................................................
(b) Director in case of public company...............................................
(c) Share-holders in case of a private company .................................
(d) Partners/Proprietors.........................................................................
7. Nature' and, total amount of power installed or proposed to be

installed. (Total rate of H.P. in case of all 'factories except Electric
Generating Station) ......... q ................
8. Maximum number of workers (including contract labour) : likely to

be employed during.the next twelve months.
Adults:
Men
• Women
AdQlescents:
Male
Female
Children:•
Boys.
Girls H
Total
Maximum number of workers (including contract labour employed
on any day during the previous twelve months) ............................
10. In case of factory constructed or extended or taken into use after

the date of commencement of e• • Act and the Rules. Reference No.
and date of approval of plans by the Chief Inspector of Fadtories
and Establishments..............................................
11. Amount of fee/ Renewal fee Taka ... ................. çraka ................... ) '•
paid in ................... Treasury /Bank on ....................(vide chalan No••
..enclosed) for the year ending 31st December, 20............
12. In case of registered Factories, number and date of issue of

original licence.........................................................
•
Signature of oc1pier
Date............................
FORM NQ3
See rule 5 (1) and 7
FORM OF LICENCE
Licence No ................. Rge. No ..................... Date ................................. .

Registration ................. Category ................... Fee :Take.
Licence is hereby granted to ...............................................................

Valid only for the factory known as....................................................
Situatedat................................................................................................
Subject to the provisions of the Factories Act, 1965 The licence shall
remain in force till 31st December, 20.........................
The...............................20...................................
Chief Inspector of Factories..........................................................
Government of the Peoples Republic of Bangladesh
WALS
Valid for I Category Date of Late '. fee Signature
the-yo Renewal payment for and date
Renewal of the
Chief
Inspector
of
- 2 3 4 6
The Factories Rules, 1979
CHANGE OF CATEGORY
Date when Changed category Date of. payment Signature and

category . of amendment date of the
changed . fee Chief
Inspector of
Factories
1 2 3.
FORM NO..4
See rule 10 (2)
CERTIFICATE OF FITNESS
1. Serial No. Serial No....... Token. No ................ Token No..:...........

Date ......... ....................... .Date ..........................................
2. ,Name .................... - that I have personally examined
(name).........
3. Father's name . 3. Son/daughter of ..................................
4. Sex...................................... Residing at................................................
5. Residence ..
6. Certificate age and date Of Who. is dsirous of being employed in a
birth... . . . factory, that his/her age a can be ascertained
from my examination is years, and that/she
is fit for employment in a factory as an
adult/children.
7. Physical fitness.,................... .
8. Descriptive marks His/her descriptive marks are......................
Thumb Thumb
impression impression
Initial of the Certifying Certifying Surgeon

Surgeon
' 170 The Factories Rules, 1979
FORM. NO. L
See rule 10(6)
HEALTH REGISTER
SI Name Sex Age Date of Date of. . Nature Raw Date
No of and employrn leaving. of job material of
worker Date cot of or or or by leaving.
of present transfer . - occupa product or
birth 'work or tion handled transie
discharge r to
other
work.
12 3 4. 5 6 .7 8 9
Date of Medical If suspended. Certified to If certificate Signature

Examination . by from work, be -fit to of . unfitness with date
Certifying Surgeon state the resume duty or suspension of the
period of on . issued to Certifying
such . worker ' . . surgeon.
suspension .. .. .
and detailed .. . -.
Result of
Examination
11 12 13 . 14
.
FORM NO. 6.
See rules 12,33 and 57 (8) (b)
REGISTER OF CLEANLINESS
Part of Parts Treatmen Date on which Rema Signat

Factory limewash, t (whether limewashing, painting tics. ure of
e.g. painted or lime- or were carried out occupi
name of varnished washed, (according to the en
room. e.g. walls, painted or English calendar). Manag
ceilings, varnished er.
wood-
work etc.
Day Mon Yea
•th r
FORM NO.7
See rule 18 (2)
HUMIDITY REGISTER
Department ........... ...................Distinctive mark of number ...............
I Iygromcr ................................ Position in department .......................
I)átc Year Reading of Uygrometcr
Month Day
Between 11 Between 4, if no Rernar
Between 7 and a. m. and 2 a. m. and 5- humidi ks
9 a. m. p. m. (but 30p. m. ty
not in the insert
rest p - none
Dry Wet Dry Wet Dry Wet
bulb bulb bulb bulb . bulb bulb
1st
2nd
3rd
4th
5th
6th
7th.
8th .
9th
10th
11th -
-12th
13th
14th .
15th. . . .
16th
17th
18th .
19th. . . . . .
20th
21 t . .
. 22th . .
23th .
24th
25th . .
26th .
27th . .
28th
29th . . .
30th . .
31 t . .. . . .
At the beginning ot the moth, theidaysandiie months, which are
less than 31 days, the excess days should be deleted.
Certified that the above entries are correct. . .

(Signed)
(Signed)
The Factories Rules, 1979 . 17.3
FORM NO.8
See rule 44(1)
RF.GTFR flF SP1Cl AllY TR AT1'.flr W1(DTt1DC

Serial Name of' Age Nature Dare Signature. Remarks
No. in worker . of work when or Lii
the . , . tight of
Register '. . . fitting worker
of adult . clothing
workers . .. . is
provided.
• . FORM NO. 9 See rule 46 (4)

PART 1
THE AND THOROUGH EXAMINATION OF LIFTING
'MACHINES, CHAINS, LIFING TACKLES . OR ROPES
I
(OTHER THAN FIBER ROPES AND POPE SLINGS) BEFORE

BEING TAKEN INTO USE . IN ANY FACTORY FOR THE
FIRST TIME IN THAT FACTORY.
Certificate of Test and Thorough

.
Examination .
Distinguishing Date of Reference No.; of. Name and
No. or mark certificate. certificate address of
and description . persons who
to identify the •• . . . . issued the
machine, chain, certificate.
lifting tackle or •. .
rope.
1 2. 3 . 4
.. ....................................
Signature of Occupier
Name and address of the Factory .....................................
PART II
•. Form No. See rule 46(4)
• ANNUAL EXAMINATION OF ALL LIFTING MACHINES,
-' CHAINS, LIFTING TACKLES OR ROPE..
Distinguishing . Reference No. of Date and name Remarks (giving
No. or mark and certificate of . test by whom carried brief particulars
description to and examination . - on of . defects and
identify . the .. . steps taken).
machine, chain,: .
lifting tackle or . . .
i . .j •13 14
PART III
FORM NO. 9. See rule 46 (4) .
ANNEALING OR OTHER APPROVED FORM OF HEAT
TREATMENT .
OF CHAINS OR LIFTING TACKLE EXCEPT ROPE SLINGS.
• Distinguishing No.. of certificate . Date of annealing . Particulars of any

No. or mark to of test • and or other Heat defects affecting
identitythe chain examination, treatment, and by the safe working
or lifting tackle .. whom carried load and the steps
• . . . •. out. .. taken to rectify
such defects.
1 .•. . 2 • 3, .4
The Factories Rules. 1979 .175
FORM NO. 10
See rule 47 (6); (8)
REGISTER OF EXAMINATION OF PRESSURE VESSEL
1. Name and address of factory:
2. Name and address of the Occupier.
3. Name and description of Pressure Vessel:
4. Nature of process in which it is used:
5. Date of construction (a brief history):
6. Date of last hydraulic test and pressure used:
7. Is the vessel kept in the open, or otherwise exposed to weather or to
dampness:
8. Are all fittings and appliances properly maintained and is good
condition
9. Repairs done:
10. Safe working pressure:
11. Other observations
Sgnaturr ofExaminer .............. ...... ..................

Address ...............................
Date .........................
FORM NO. 11
See rule 68 4)
REGISTER OF COMPENSATORY HOLIDAYS
berial NO, in Name Group No. of Weekly Date of Rema
No the and Exemption Rest or compensatory rks.
register Relay Rule or Holiday holidays
of . . No. Exemption lost, given.
Adult order
worker., . .
3, 1 4
FORM NO. 12
See rule 70 (2)
REGISTER OF OVER-TIME
Name of Factory: Registered No........................
for week endings ..................... ..2Q -
1 2 3/
Name Serial No., Group Total number. of hours worked on each day•
No. and Relay
• No. in Register
of adult workers
SI Gro Rela Su Mo Tue Wedn Trust Fri- Sat
N up y n n s esday day day ur
o No. No; da day day , . day
y
4 5 6 7
Total No. of hours Rate of wages per Total

Total hours over time payable at hour. amount
• work, twice the ordinary payable as
rate of wages. over time.
• FORM Na 13
See rules 72 and 75
NOTICE OF PERIODS OF WORKS
I Startiniz time I Stopping time Intervals for rest.
I
I I
Signature of Manager
Date.............................
FORM NO. 13A.
See rules 72 and 75
Name of Factory:
Registered No.................
Group No. Group No.
Nature of works Nature of works
Starting Stopping Intervals Starting Stopping Intervals
time time for rest time time for rest
Sunday...
Monday.. . . .
Tuesday
Wednesday
Thursday:
Friday...
Saturday...
Si,gnaturr ofMona,ger
Date...............................
FORM. NO. 13B

See rules 72 and 74
ofFactory........................................
!red No ... ......... .............. .....................
Grout) No.
ature of works Nature of
1av NoI Relay No
time I tlmè I for rest I time I tirn I for rest
Sunday..
Monday..
Tuesday..
Wednesday..
Thursday..
Friday.:
Saturday..
Signature ofManger
Date.................................
FORM NO. 14
See rule 73
REGISTER OF ADULT WORKERS
Name of Factory
Registered No.
The month of ...................................20
For........................................................
The period ........... 20 ........... to ......... 20
1. 2 3 .4 5 6
Serial Name. Nature of Group No Particulars R
No. work of transfer
from one
group to
another
FORM NO. 15
See rule 75.
REGISTER OF CHILD WORKERS
Name of Factory .........Registered No . ................. The months of

200 .............. for ................... the period...............20 .............to ........20..............
1 2 3 •. 4 5 6 7 8
Serial Name Name Nature Number Group Particulars Remarks.
No. of of of No. of transfer
parent work. certificate from one
or of group to
guardian ______ fitness. another
FROM NO. 16
See rule 77
REGISTER OF LEAVE WITH WAGES
Name of Factory: Address:

Name of worker: Designation
Date of appointment: Department/Section:
Period of leave
granted.
Annual Annual leave Casual leave. Sick leave.
leave No. of From No From No From.
Date of due on days of of
grant of the date days days.
leave
2 3 4 5 .6 7 8
Signature Signature/
Leave due after adjustment. of L.T.I. of
Manager worker
Annual Casua Stick
leave I leave leave.
9 10 11 12 13
FORM NO. 17
See. rule 78
LEAVE BOOK.
Shall be the name as 'From 16' but shall be made Out separately for
each worker on a thick bound sheet

The Factories Act, 1965 - 230918 - 112659

Uploaded by

Copyright:

Available Formats

The Factories Act, 1965 - 230918 - 112659

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

The Factories Act, 1965 - 230918 - 112659

Uploaded by

Copyright:

Available Formats

The Factories Act, 1965 57

It is hereby enacted as follows:

2. Definitions.--In this Act, unless there is anything repugnant in

h) 'manufacturing process' means anyprocess-

(i) 'occupier in relation to a factory means the person who has

(j) 'prescribed' means prescribed by rules made by the

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

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

4. Power to declare departments to be separate factories.- The

• 5. Power to exempt.-- The Government may. by notification in the

6. Notice to Inspector before commencement of work.- (1)The

(3) Before a factory engaged in a manufacturing process, which is

(4) Whenever another person is appointed as Manager, the occupier

- 7. Seasonal factory.-- The Government may, by notification in the

8'. Approval of plans and, fees for licensing and registration.-(1)

(2) 1f . in accordance with the provisions of sub-section (I) an

Explanation-A factory hall not be deemed to be !extended ithin

9. Chief Inspector and Inspectors.--(1) The Government may, by

(2) The Government may, by notification in the official Gazette,

(3) An Inspector may seize any record, register or other documents

11. Certifying Surgeons.- (1) The Government may appoint such

(2)No person shall be appointed to be a Certifying Surgeon, or

(3). The Certifying Surgeon shall out such duties as may be

of any new manufacturing process or any new substance for use

HEALTH AND HYGIENE

U. Disposal of wastes and effluents-. (I) Effective, arrangements

14. Ventilation and temperature.- (I) Effective and suitable

(2) The Government may prescribe a standard of adequate

(3) If it appears to the Government that in any factory or class or

(2) In any factory no stationary internal . combustion engine 'shall be

16. Artificial humidification.- (1) The Government may, in respect

(2) In any factory in which the humidity of 'the air is artificially

(3) If it appears to an Inspector that the water used in a factory for

17. Overcrowding.- (1). No workroom in any factory shall be

18. Lighting.-. (1) In every part of a factory where workers are

19. Drinking water.- (.1) In every factory effective arrangement shall

20. Latrines and urinals.-- (1) In every factory--

21. Spittoons.-- (1) In ev444thAeMhall be provided, at convenient

(2) If it appears to the Inspector .that any factory is not provided

(5) In every factory there shall be provided effective and clearly

(6) A free passage-way giving access to each means of escape in case

(8) The Government may rules prescribing in respect of any factory,

23.. Fencing of machinery.- (I) In every factory the following 'shall

Provided that, of the purpose of determining whether any part of

(2) Without prejudice to any other provision of this Act relating to

(3) The Government may exempt, subject to such conditions as may

(4) The Government may, by rules,, prescribe further precautions as

24. Work on or near machinery in motion.- (1) Where in any

• (2) No woman or child shall be allowed in any factory to clean,

(3) The Government may , by notification in the official Gazette,

25. Employment of young-persons on dangerous machines.-

(2) This section shall apply to such machines as may be notified by

(3) In respect of factories in operation before the commencement of

27. Self-acting machines.- No traversing tart of a self-acting

28. Casing of new machinery.- . (1) In all machinery driven by

(2) Whoever sells or lets on hire or as agent of a seller or hirer,

29 Prohibition of employment of women and children near

Provided that if the feed-end of a cotton-opener is in a room