(a) Government or any office under the Government;

(b) security printing press;

(c) ordnance factory;

(d) any institution, run for treatment, care or service of the sick, disabled, aged, destitute, handicapped, orphan, abandoned woman or child or widow, but not run for profit or gain;

(e) shops or stalls in any public exhibition or show established for its own requirement which deal only in retail trade;

(f) shops or stalls in any public fair or bazaar established for religious or charitable purposes;  

g) any educational, training or research institution1[run not for any profit or gain];

(h) any hostel, mess2[, hospital, clinic and diagnostic centre] run not for any profit or gain;

(i) in the case of application of Chapter II, any shop or industrial or commercial establishment owned and directly operated by the Government where the workers are governed by the conduct rules applicable to the Government servants;

(j) any worker whose recruitment and terms and conditions of service are governed by the Acts or rules made under article 62, 79, 113 or 133 of the Constitution, but in the case of application of Chapters XII, XIII and XIV, the workers employed in the following establishments shall not be subject to this prohibition, namely: 

(i) railway department;

(ii) post, telegraph and telephone department;

(iii) roads and highways department;

(iv) public works department;

(v) public health engineering department;

(vi) Bangladesh Government printing press;

(k) workers employed in an establishment mentioned in clauses (b), (c), (d), (e), (f), (g) and (h), but in the case of application of Chapters XII, XIII and XIV, the workers other than teachers, employed in any university shall not be subject to this prohibition;

(l) seamen, in the cases other than the case of application of Chapters XII, XIII and XIV;

(m) ocean going vessels, in the cases other than the case of the application of Chapter XVI;

(n) any agricultural farm where normally less than 3[five] workers work;

(o) domestic servants; and

(p) any establishment run by its owner with the aid of members of his family and where no worker is employed for wages. 

No employer shall employ any worker without giving such worker an appointment letter and every such employed worker shall be provided with an identity card with his photograph.  

(1) Every employer shall, at his own cost, provide a service book for every worker employed by him.

(2) Every service book shall be kept in the custody of the employer.

(3) Before employing a worker, the employer shall require him to submit his previous service book, if the worker claims that he has previously worked under any other employer. 

(4) If such worker has any service book, he shall hand over it to the new employer and the new employer shall keep the service book in his own custody giving him a receipt.

(5) If such worker has no service book, a service book shall be provided under sub-section (1).

(6) If the worker desires to keep and maintain a duplicate copy of his service book, he may do so at his own cost.

(7) The employer shall hand over the service book to a worker on the termination of the service of such worker.

(8) If any worker losses the service book which was handed over to him or the copy thereof, the employer shall provide him with a copy of the service book at the cost of such worker.

(9) Nothing in this section shall apply to an apprentice, substitute or casual worker.

(1) A service book shall be maintained of such size and in such form as may be prescribed by rules and a photograph of the worker shall be affixed thereto.

(2) A service book shall contain the following particulars, namely:

(a) name of the worker, names of the mother and father and address of the worker (the name of the spouse shall also be written, where applicable);

(b) date of birth;

(c) special particulars for identification;

1[(cc) designation;

(ccc) department or section;

(cccc) ticket or card;]

(d) if previously employed under any employer, the name and address of that employer;

(e) period of employment;

(f) occupation or designation;

(g) wages and allowance (if any);

(h) leave availed; and

(i) conduct of the worker.

The employer shall at the commencement and during continuance, of the employment of a worker, make such entries therein relating to him from time to time as are required by this Chapter and the rules, and both employer and worker shall put their signatures thereon.

(1) The employer shall maintain a register of workers of his establishment and make it available to the Inspector for inspection at all times during working hours.

(2) The following particulars shall be included in the register of workers, namely:-

(a) name and date of birth of every worker;

1[(aa) names of father and mother of the worker;]

(b) date of appointment;

(c) nature of work;

2[(cc) designation;

(ccc) department of section;

(cccc) ticket or card;]

(d) working hour fixed for him;

(e) interval for rest and meals to which he is entitled;

(f) day of rest to which he is entitled;

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

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

(i) such other particulars as may be prescribed by rules.

(3) If the Inspector is of opinion that the particulars mentioned in sub-section (2) are also recorded in the muster-roll or register maintained routinely in an establishment, he may, by order in writing, direct that such muster-roll or register shall be treated as the register of workers and shall be maintained in lieu thereof.

(4) The Government may, by rules, prescribe the form of the register of workers, the manner in which it shall be maintained and the period for which it shall be preserved.

(5) The employer shall supply tickets or cards to every worker in the following manner, namely :-

(a) every permanent worker shall be provided with a permanent departmental ticket mentioning his number;

(b) every substitute worker shall be provided with a substitute card in which the days for which he has worked shall be entered and it shall be surrendered if and when he gets permanent employment;

(c) every temporary worker shall be provided 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 in which the days for which he has worked shall be entered; and (e) every apprentice shall be provided with an apprentice card which shall be surrendered on his leaving the training or getting a permanent employment. 

(1) A worker who desires to obtain leave of absence shall apply to his employer in writing and shall state therein his address during leave. 

(2) The employer or an officer authorized by him shall issue an order within 7 (seven) days of receipt of the application or 2 (two) days prior to the commencement of leave applied for, whichever is earlier: 

Provided that if due to any urgent reasons the leave applied for is to commence on the date of application or within 3 (three) days thereof, such order shall be given on the day of receipt of the application. 

(3) If the leave asked for is granted, a leave pass shall be issued to the worker. 

(4) If the leave asked for is refused or suspended, the fact of such refusal or postponement and the reasons thereof shall be communicated to the worker before the date on which the leave would have expected to be commenced and it shall be recorded in the register maintained for the purpose. 

(5) If any worker, after he went on leave, desires an extension thereof, he shall, if such leave is due to him, apply 1[in writing by registered post before reasonable time] of the expiry of the leave to the employer who shall send a written reply either of granting or of refusing the extension of leave to the worker to his leave-address.

If the service of a worker terminates, due to retrenchment, discharge, removal, dismissal, retirement, resignation or any other reason and any annual leave is due to him, the employer shall pay him wages in lieu of the unavailed leave at the rate he is entitled to the payment of wages during the period of leave in accordance with the provisions of this Act.

(1) An employer may, at any time, if necessary in the event of fire, sudden catastrophe, breakdown of machinery, stoppage of power supply, epidemics, wide spread riots or any other cause beyond his control, stop any section or sections of his establishment, wholly or partly, for such period as the cause for such stoppage continues to exist.

(2) If such order of stoppage is given after the working hours has ended, the employer shall notify the concerned workers relating thereto, by a notice posted or hung the notice board in the section concerned or at a conspicuous place before the next working hour begins.

(3) A notice under sub-section (2) shall contain direction as to when the work shall be resumed and whether such workers are to remain at their place of work at any time before the resumption of work.

(4) In the event of such stoppage occurs during working hours, the employer shall, as soon as practicable, notify the workers concerned relating thereto by a notice in the manner specified in sub-section (2) and such notice shall contain direction as to when the work shall be resumed and whether such workers are to remain at their place of work.

(5) Where workers are directed to stay at their place of work following such stoppage, the staying workers may not get wages, if the period of their stay does not exceed 1 (one) hour, and if it exceed 1 (one) hour they shall get wages for the whole period of their stay.

(6) If the period of stoppage of work does not exceed 1 (one) working day, a worker, unless entitled to wages under sub-section (5), may not get any wages.

(7) If the period of stoppage of work continues for more than 1 (one) working day, every concerned worker, other than a casual or substitute worker, shall be paid wages for all stopped working days exceeding 1 (one) day.

(8) If the period of stoppage of work exceeds 3 (three) working days, the workers concerned shall be laid off in accordance with the provisions of section 16.

(9) The lay-off mentioned in sub-section (8) shall be effective from the first day of stoppage of work, and any wage paid to a worker for the first 3 (three) days may be adjusted against the compensation payable to such worker for the period of such lay-off.

(10) If any piece-rate worker is affected due to stoppage of work, his average daily earning in the previous month shall be taken to be the daily wage for the purpose of sub-section (9).

(1) An employer may, in the event of an illegal strike in any section or department of any establishment, close down either wholly or partly such section or establishment and in cases of such closure the workers participated in the strike shall not be paid any wages.

(2) Where by reason of closing down of any section or department of any establishment under sub-section (1) any other section or department is so affected that it is not possible to keep that section or department open, that section or department may also be closed down and the workers affected thereby shall be paid wages equal to the amount of compensation payable in the case of lay-off up to a period of 3 (three) days and for any period exceeding thereto may not get any wages.

(3) The employer shall notify the fact of such closure, as soon as practicable, by a notice posted or hung on the notice board in the section or department concerned or at a conspicuous place in the establishment and the fact of resumption of work shall likewise be notified.

(1) For the purposes of this Chapter, a worker who, during the preceding 12 (twelve) calendar months, has actually worked in an establishment for not less than 240 (two hundred and forty) days or 120 (one hundred and twenty) days, shall be deemed to have completed “1 (one) year” or “6 (six) months” respectively of continuous service in that establishment.

(2) For the purpose of calculation of the number of days a worker actually worked in an establishment mentioned in sub-section (1), the following days shall also be counted, namely:

(a) the days of his laid-off;

(b) the days of his leave with or without wages due to sickness or accident;

(c) the days of out of work due to legal strike or illegal lock-out;

(d) in the case of female worker, maternity leave not exceeding 16 (sixteen) weeks.

(3) For the purposes of calculation of compensation under section 19, 20 or 23 or of wages under section 22, 23, 26 or 27, “wages” shall mean the average of the basic wages and dearness allowance and ad-hoc or interim wages, if any, paid to a worker during the period of 12 (twelve) months immediately preceding the date of his retrenchment, dismissal, removal, discharge, retirement or termination of employment, as the case may be.

Notwithstanding anything contained elsewhere in this Chapter, the provisions of sections 12, 16, 17 and 18 shall not apply to any establishment where at least 5 (five) workers are not employed or were not employed during the preceding 12 (twelve) months. 

(1) Whenever a worker, other than a substitute or casual worker, whose name is on the muster-rolls of an establishment and who has completed at least 1 (one) year of service under the employer is laid-off, he shall be paid compensation by the employer for all days during which he is so laid-off, except for weekly holidays.

(2) The amount of compensation mentioned in sub-section (1) shall be equal to half of the total of the basic wages and dearness allowance and ad-hoc or interim wages, if any, and equal to the full amount of housing allowance that would have been payable to him if he had not been so laid-off.

(3) A substitute worker whose name is on the muster-rolls of an establishment shall not be treated as substitute for the purpose of this section, if he has completed one year of continuous service in that establishment.

(4) Unless there is an agreement to the contrary between the worker and the employer, no worker shall be entitled to the payment of compensation under this section for more than 45 (forty-five) days during any calendar year.

(5) Notwithstanding anything contained in sub-section (4), if during a calendar year any worker is laid-off for more than 45 (forty-five) days, whether continuously or intermittently, and after the expiry of such 45 (forty-five) days the period of lay-off is extended for further 15 (fifteen) days or more, the worker shall, unless there is an agreement to the contrary between the worker and the employer, be paid compensation for every subsequent period of lay-off for 15 (fifteen) days or more.

(6) The amount of compensation mentioned in sub-section (5) shall be equal to one-fourth of the total of the basic wages and dearness allowance and ad-hoc or interim wages, if any, and equal to the full amount of housing allowance, if any.

(7) In any case, during a calendar year, if a worker is to be laid-off after the first 45 (forty-five) days as aforesaid, for any continuous period of 15 (fifteen) days or more, the employer may, instead of lying off such worker, retrench him under section 20.

Notwithstanding that the workers employed in an establishment are laid-off, the employer shall maintain a muster-roll, and cause to be recorded therein the names of those who may, from amongst the laid-off workers, present themselves for work at the establishment during normal working hours1[:] 2[Provided that the muster-roll shall not be maintained in any other manner nor any worker shall be employed on master roll.] 

(1) Notwithstanding anything contained elsewhere in this Chapter, no compensation shall be payable to a worker who has been laid-off, if he-

(a) refuses to accept on the same wages, any alternative employment not requiring any skill or previous experience in the same establishment or in any other establishment belonging to the same employer and situated in the same town or village or situated within 8 (eight) kilometers of the establishment;

(b) does not present himself for work at the establishment at the appointed time during normal working hours at least once a day if so required by the employer.

(2) For the purpose of sub-section (1) (b), a laid-off worker who presents himself for work at the establishment at the appointed time during normal working hours on any day and is not given employment within 2 (two) hours of his so presenting himself, shall be deemed to have been laid-off for that day within the meaning of this section.

(3) If a laid-off worker who presents himself for work as mentioned in sub-section (2), is, instead of being given employment at the commencement of any shift for any day, asked to present himself for the purpose during the second half of the shift for that day, and accordingly presents himself for work, he shall be deemed to have been laid-off only for one-half of that day, the other half being treated as on duty, irrespective of the fact whether he is given work or not. 

If a worker dies while in service for at least more than 02 (two) years continuously under an employer, such employer shall pay as compensation 30 (thirty) days wages or, in the case of his death while working in the establishment or in the case of his death following an accident while working in the establishment 45 (forty five) days wages for every competed year of his service or any part thereof exceeding 6 (six) months or gratuity, whichever is higher, to the nominee of the deceased worker or, in the absence of the nominee, to his dependent and this money shall be in addition to the retirement benefit to which the deceased worker would have been entitled had he retired from service.

(1) Any worker may be retrenched from service of any establishment on the ground of redundancy.

(2) If any worker has been in continuous service under an employer for not less than 1 (one) year, the employer, in the case of retrenchment of such worker, shall-

(a) give him 1 (one) month’s notice in writing mentioning the reasons for his retrenchment or, in lieu of such notice pay him wages for the period of notice;

(b) send a copy of the notice to the Chief Inspector or any other officer specified by him, and another copy to the collective bargaining agent of the establishment, if any; and

(c) pay him as compensation 30 (thirty) days’ wages for his every year of service or gratuity, if any, whichever is higher.

(3) Notwithstanding anything contained in sub-section (2), in the case of retrenchment under section 16(7), no notice mentioned in sub-section (2) (a) shall be necessary; but the worker so retrenched shall be paid further 15 (fifteen) days’ wages, in addition to the compensation or gratuity, which may be payable to him under sub-section (2) (c).

(4) Where a worker of any particular category is required to be retrenched, the employer shall, in the absence of any agreement between him and the worker in this behalf, retrench the worker who was the last person to be employed in that category.

21. Where any worker is retrenched and the employer intends to employ again any worker within a period of one year of such retrenchment, the employer shall send a notice to the last known address of the retrenched worker asking him to apply for employment, and any worker who applies for re-employment in response to such request shall be given preference, and if more than one such retrenched workers apply, preference shall be given on the basis of their seniority in their previous services.

22. (1) A worker may be discharged from service for reasons of physical or mental incapacity or continued ill-health certified by a registered medical practitioner.

(2) If a discharged worker completes not less than one year of continuous service he shall be paid by the employer, as compensation, 30 (thirty) days’ wages for his every year of service, or gratuity, if payable, whichever is higher.

23. (1) Notwithstanding anything contained as to lay-off, retrenchment, discharge and termination of service elsewhere in this Act, a worker may be dismissed without a notice or without wages in lieu of a notice if he is-

(a) convicted of any criminal offence; or

(b) found guilty of misconduct under section 24.

(2) A worker found guilty of misconduct may, instead of being dismissed under sub-section (1), under any extenuating circumstances, be awarded any of the following punishments, namely:-

(a) removal;

(b) reduction to a lower post, grade or scale of pay for a period not exceeding 1 (one) year;

(c) stoppage of promotion for a period not exceeding 1 (one) year;

(d) withholding of increment for a period not exceeding 1 (one) year;

(e) fine;

(f) suspension without wages or without subsistence allowance for a period not exceeding 7 (seven) days;

(g) censure and warning.

1[(3) A worker who is dismissed under sub-section (2)(a) shall, if the period of his continuous service is not less than 1 (one) year, be paid by the employer as compensation 15 (fifteen) days wages for every completed year of his service: Provided that no worker shall be entitled to any compensation if he is dismissed for misconduct under sub-section (4)(b) and (g); but in such case, the worker concerned shall get other lawful dues as usual.]

(4) The following acts shall be treated as misconduct, namely:-

(a) willful disobedience, whether alone or in combination with others to any lawful or reasonable order of a superior;

(b) theft,1[misappropriation,] fraud or dishonesty in connection with business or property of the employer;

(c) taking or giving bribe in connection with his or any other worker's employment under the employer;

(d) habitual absence without leave or absence for more than 10 (ten) days at a time without obtaining leave;

(e) habitual late attendance;

(f) habitual breach of any law or rule or regulation applicable to the establishment;

2[(g) disorderliness, riot, arson or breakage in the establishment;];

(h) habitual negligence in work;

(i) habitual breach of any rule relating to employment, including discipline or conduct, approved by the Chief Inspector;

(j) altering, forging, wrongfully changing, damaging or causing lose to employer's official records.

(5) If a worker dismissed under sub-section (1) (a), is acquitted on an appeal, he shall be reinstated to his original post or shall be appointed to a suitable new post; and if any of them is not possible, he shall be paid compensation at a rate equal to the rate of compensation payable to a discharged worker, deducting the amount of compensation already paid to him for his dismissal.

24. (1) No order of punishment under section 23 shall be made against a worker unless-

(a) the allegation against him is recorded in writing;

(b) he is given a copy of the allegation and a period of at least 7 (seven) days is given to explain;

(c) he is given an opportunity of being heard;

1[(d) he is found guilty after an enquiry made by the enquiry committee consisting of equal number of representatives of the employer and the worker: Provided that such enquiry shall be concluded within 60 (sixty) days.]

(e) the employer or the manager approves the order of dismissal.

(2) A worker charged for misconduct may be suspended pending enquiry into the charge and, unless the matter is pending before any Court, the period of such suspension shall not exceed 60 (sixty) days: 2[Provided that during the period of such suspension, a worker shall be paid by his employer subsistence allowance and he shall get other allowances in full.]

(3) An order of suspension shall be in writing and shall take effect immediately on delivery to the worker.

(4) In an enquiry, the accused worker may be 3[assisted] by any person employed in his establishment and nominated by him.

(5) If in an enquiry, any oral evidence is given by any party, the person against whom such evidence is given may cross examine the witness.

(6) If, on enquiry, a worker is found guilty and is punished under section 23 (1), he shall not be entitled to his wages for the period of suspension, but he shall be entitled to the subsistence allowance for such period.

(7) If, on enquiry the charge against the worker is not proved, he shall be deemed to have been on duty in the period of suspension and shall be paid his wages for such period with adjustment of the subsistence allowance already paid.

(8) In case of awarding punishment, a copy of the order of punishment shall be supplied to the worker concerned. (9) If a worker refuses to accept any notice, letter, statement of allegation, order or any other papers sent to him by the employer, it shall be understood to have been delivered to him, if a copy thereof is exhibited on the notice board and another copy is sent by registered post to the address of the worker obtained from the records of the employer.

(10) In awarding any punishment the employer shall take into account the previous record of the worker concerned, the 1[importance of the offence, credit and contribution during service]and existing any other special circumstances.

25. Special provisions relating to fine.- (1) No fine exceeding - (one-tenth) of the wages payable to a worker in a wage-period shall be imposed on any worker.

(2) No fine shall be imposed on a worker who is under the age of 15 (fifteen) years.

(3) No fine imposed on any worker shall be recovered from him by installments or after the expiry of 60 (sixty) days from the date on which it was imposed.

(4) Every fine shall be deemed to have been imposed on the day of the commission of the offence in respect of which it was imposed.

(5) All fines and all realizations thereof shall be recorded by the employer in a register prescribed by rules and all fines realized shall be spent only for the welfare of the workers employed in the establishment. 

26. Termination of employment of worker by an employer otherwise than by dismissal, etc.- (1) The employment of a permanent worker may be terminated by an employer, otherwise than in the manner provided elsewhere in this Chapter, by giving him a notice in writing, of-

(a) 120 (one hundred and twenty) days, if he is a monthly rated worker;

(b) 60 (sixty) days, in case of other workers.

(2) The employment of a temporary worker may be terminated by an employer, otherwise than in the manner provided elsewhere in this Chapter, and if it is not due to the completion, cessation, abolition or discontinuance of the temporary work for which he was appointed, by giving him a notice in writing, of-

(a) 30 (thirty) days, if he is a monthly rated worker;

(b) 14 (fourteen) days, in case of other worker.

(3) Where an employer intends to terminate the employment of a worker without any notice, he may do so by paying the worker wages for the period of notice, in lieu of the notice, under sub-section (1) or (2).

(4) Where the employment of a permanent worker is terminated under this section, he shall be paid by the employer compensation at the rate of 30 (thirty) days wages for his every completed year of service or gratuity, if payable, whichever is higher, and this compensation shall be in addition to any other benefit which is payable to such worker under this Act. 

27. (1) A permanent worker may resign his service by giving the employer 60 (sixty) days notice in writing.

(2) A temporary worker may resign his service by giving the employer a notice, in writing, of-

(a) 30 (thirty) days, if he is a monthly rated worker;

(b) 14 (fourteen) days, in case of other workers.

(3) Where a worker intends to resign his service without any notice, he may do so by paying the employer an amount equal to the wages for the period of notice, in lieu of notice under sub-section (1) or (2).

1[(3A) Notwithstanding anything contained in sub-section (3), if a worker remains absent from his work place for more than 10 (ten) days without notice or permission, the employer shall serve him a notice to explain the reason of his absent and join the service within 10 (ten) days and, in such case, if the worker does not submit any written explanation or join the service within the stipulated time, the employer shall give him further 7 (seven) days time to defend himself, and thereupon if the worker does not join the service or defend himself, he shall be deemed to have been released from service on and from the date of such absence.]

(4) Where a permanent worker resigns his service under this section, he shall be paid by the employer compensation,- (a) at the rate of 14 (fourteen) days’ wages for his every completed year of service, if he completes 5 (five) years of continuous service or more but less than 10 (ten) years under the employer; (b) at the rate of 30 (thirty) days’ wages for every completed year of service if he completes 10 (ten) years of continuous service or more under the employer; or gratuity, if payable, whichever is higher, and this compensation shall be in addition to any other benefit payable to such worker under this Act. 

28. (1) Notwithstanding anything contained elsewhere in this Chapter, a worker employed in any establishment shall, ipso facto, retire from employment on the completion of 1 [60 (sixty)] years of his age.

(2) For the purpose of counting age of a worker under this section, the date of birth recoded in the service book of that worker shall be the conclusive proof.

(3) Every retiring worker shall be paid the dues receivable by him under the provisions of section 26(4) or under the service rules of the establishment.

(4) Any authority may, if it thinks fit, employ later on a retiring worker under contract.

28A. Notwithstanding anything contained in this Chapter, if, for sudden natural disaster or any other disaster which is beyond human control or for urgent necessity, any industry is shifted or production of any industrial establishment is permanently closed, the Government may determine the employer and worker relations in such manner as may be prescribed by rules.

29. If a worker is a member of any Provident Fund and is entitled to any benefit from such Fund including the employer’s contribution under the rules of the Fund, he shall not be deprived of such benefit due to retrenchment, discharge, dismissal, retirement, removal or termination of service.

30. Where the employment of a worker ceases due to retirement, discharge, retrenchment, dismissal, termination or any other reason, . all amounts due to him shall be paid by the appointing authority within a maximum period of 30 (thirty) working days following the date of cessation of his employment.

31. Every worker, other than a casual or substitute worker, shall be entitled to get a certificate relating to service from his employer at the time of his retrenchment, discharge, dismissal, removal, retirement or termination of service

32. (1) A worker, whose service has been ceased by whatever means, shall vacate the residential accommodation allotted to him by the employer within the period of 60 (sixty) days from the date of cessation of employment.

(2) If a worker does not vacate the residential accommodation within such period, the employer may make a complaint against him to the Labour Court1[:] 2[Provided that no worker shall be evicted from his residential accommodation without paying him all his dues.]

(3) On hearing both the parties, the Court shall summarily try the case and may direct the said worker to vacate the residential accommodation within a reasonable time.

(4) The Court may, if necessary, direct a police officer to evict such worker, by force, in case he fails to quit residential accommodation within the time specified by the Court.

(5) The police officer, who is directed by the Court under sub-section (4), shall inform the occupants of the accommodation the summary of the order of the Court and his intention to enter into such accommodation, and shall allow them at least 6 (six) hours time to vacate the accommodation, and shall give all possible facilities to the children to come out before applying force for taking over possession of such accommodation.

33. (1) Any worker including a worker who has been laid-off, retrenched, discharged, dismissed, removed, or otherwise terminated from employment, who has any complaint in respect of anything under this Chapter, and intends to get redress thereof under this section, shall 3[send] his complaint in writing to his employer, by registered post within 30 (thirty) days of being informed of the cause of such complaint: Provided that if the appointing authority accepts the complaint directly and acknowledges the receipt thereof in writing, such complaint shall not be required to be sent by registered post.

(2) The employer shall within 4[30 (thirty)] days of receipt of the complaint, make enquiry into the complaint and shall after giving the concerned worker an opportunity of being heard, communicate him in writing his decision thereon.

(3) If the employer fails to give any decision under sub-section (2), or if the concerned worker is dissatisfied with such decision, he may submit a complaint in writing, to the Labour Court within 30 (thirty) days from the date of expiry of the period mentioned in sub-section (2) or, as the case may be, within 30 (thirty) days from the date of the decision of the employer.

(4) The Labour Court shall, on receipt of the complaint, give notice to both the parties and hear their statement on the complaint, and considering the circumstances of the case shall pass such order as it may deem just.

(5) The Labour Court, may, by an order passed under sub-section (4), amongst other reliefs, direct for reinstatement of the complainant in service, with or without arrear wages and convert the order of dismissal, removal or discharge to any minor punishment specified in section 23(2).

(6) Any person aggrieved by an order of the Labour Court, may, within thirty days of the order, prefer an appeal to the Tribunal, and the decision of the Tribunal on such appeal shall be final.

(7) No Court-fee shall be payable for making any complaint or preferring an appeal under this section.

(8) No complaint under this section shall amount to a criminal prosecution under this Act.

(9) Notwithstanding anything contained in this section, no complaint shall lie against an order of termination of employment under section 26, unless such order is alleged to have been made for his trade union activities or passed with an ill motive or unless the worker concerned has been deprived of the benefits specified in that section.

34. (1) No child shall be employed or permitted to work in any occupation or establishment.

(2) No adolescent shall be employed or permitted to work in any occupation or establishment, unless-

(a) a certificate of fitness in the form prescribed by rules, and granted to him by a registered medical practitioner is in the custody of the employer ; and

(b) he carries, while at work, a token containing a reference to such certificate.

(3) Nothing of sub-section (2) shall apply to the employment of any adolescent in any occupation or establishment either as an apprentice or for receiving vocational training.

(4) The Government may, if it thinks that an emergency exists and it is necessary in the public interest, by notification in the official Gazette, suspend the application of sub-section (2) for such period as may be specified therein. 

35. Subject to the provisions of this Chapter, no parent or guardian of a child shall make an agreement with any one allowing the child to be appointed for any work.

Explanation. In this section, ''guardian'' shall include a legal custodian of a child or any person having authority over a child.

36. If any question arises as to whether any person is a child or an adolescent it shall be resolved on the basis of birth registration certificate or school certificate or a certificate issued by a registered medical practitioner certifying the age of the concerned person.

37. (1) A registered medical practitioner shall, on a request made by any adolescent or his parent or guardian or by an employer for examining whether the adolescent is fit to work in any occupation or establishment, examine the adolescent and give decision as to his fitness:

Provided that when such application is made by any adolescent or his parent or guardian, the application shall be accompanied by a letter signed by the employer in whose establishment the adolescent is an applicant for employment stating that such adolescent shall be employed if he is certified to be fit for work.

(2) A certificate of fitness granted under this section shall remain valid for a period of 123 (twelve) months from the date on which it was issued.

(3) Any fee payable for such certificate shall be paid by the employer, and shall not be recoverable from the concerned adolescent or his parents or guardian.

38. Where an Inspector is of opinion that-

(a) any person working in an establishment is an adolescent, but he has no certificate of fitness; or

(b) an adolescent working in an establishment with a certificate of fitness is no longer fit to work stated in the certificate;

he may, by a notice, require the employer to get such adolescent to be examined by a medical practitioner, and until the adolescent is certified to be fit after such examination or is certified that the adolescent is no longer an adolescent, may direct the employer not to give such adolescent any work. 

39. (1) The Government shall, by notification in the official Gazette, declare, from time to time, a list of hazardous work.

(2) No adolescent shall be employed in any work declared by the Government as hazardous.

(3) No adolescent shall be allowed to clean, lubricate or adjust any machinery of any establishment while it is in motion or to work between moving parts or between the fixed and moving parts of such machinery.

40. (1) No adolescent shall work at any machine, unless-

(a) he has been fully instructed as to the dangers arising in connection with such machine and the precautions to be observed in this respect; and

(b) he has received sufficient training to work at the machine, or is under supervision of a person who has thorough knowledge and experience of the machine.

(2) This provision shall apply to such machines as may be notified by the Government to be of such a dangerous character that an adolescent should not work at them unless the requirements of sub-section (1) are complied with.

41. (1) No adolescent shall be allowed to work in any factory or mine for more than 5 (five) hours in any day and 30 (thirty) hours in any week.

(2) No adolescent shall be allowed to work in any other establishment for more than 7 (seven) hours in any day and 42 (forty two) hours in a week.

(3) No adolescent shall be allowed to work in any establishment between 7.00 O’CLOCK in the evening and 7.00 O’CLOCK in the morning.

(4) If an adolescent works overtime, the total number of hours worked including overtime shall not exceed-

(a) in any factory or mine, 36 (thirty six) hours in a week;

(b) in any other establishment, 48 (forty eight) hours in a week.

(5) The period of work of an adolescent employed in an establishment shall be limited to 2 (two) shifts, and the period of any shift shall not exceed more than 7 - (seven and a half) hours.

(6) An adolescent may be employed in one relay only and this shall not, except with the previous permission, in writing, of the Inspector, be changed more than once in a period of 30 (thirty) days.

(7) The provisions relating to weekly holidays under this Act shall apply also to the adolescent workers and the operation of this provision shall not be suspended in respect of the adolescent workers.

(8) No adolescent shall be allowed to work in more than one establishment in a day. 

42. No adolescent shall be employed in any work in the underground or underwater. 

43. (1) In an establishment where adolescents are employed, there shall be displayed in the manner prescribed by rules, a notice relating to working hours of adolescents with reference to specific time of their work.

(2) The time shown in the notice under sub-section (1) shall be fixed before start of the work in the manner fixed for adult workers and shall be such that any adolescent working at that time shall not have to work in contravention of this Act. 

(3) The relevant provisions applicable to adult workers working in the establishment shall also apply to the notice under sub-section (1).

(4) The Government may, by rules, prescribe the form of such notice and the manner in which it shall be maintained.

44.(1) Notwithstanding anything contained in this Chapter, a child who has completed 12 (twelve) years of age, may be employed in such a light work which is not dangerous to his health and development or shall not interfere with his education: Provided that if the child is a school going one, the working hour of him shall be so arranged that it does not interfere with his attendance in the school.

(2) All provisions of this Chapter applicable to an adolescent worker shall, mutatis-mutandis, apply to such child workers 2[and handicapped workers.] 3[

(3) No handicapped worker shall be employed in the work of a dangerous machine or hazardous work.]

45. (1) No employer shall knowingly engage a woman in his establishment during the 8 (eight) weeks immediately following the day of her delivery.

(2) No woman shall work in any establishment during the 8 (eight) weeks immediately following the day of her delivery.

(3) No employer shall employ any woman for doing any work which is of an arduous nature or which involves long hours of standing or which is likely to adversely affect her health, if

(a) he has reason to believe or if the woman has informed him that she is likely to deliver a child within 10 (ten) weeks;

(b) to the knowledge of the employer the woman has delivered a child within the preceding 10 (ten) weeks: Provided that in the case of tea plantation worker, a woman worker may do work of a light nature if and for so long as the medical practitioner of the concerned

46. (1) Every woman worker shall be entitled to maternity benefit from her employer for the period of 8 (eight) weeks1 preceding the expected day of her delivery and 8 (eight) weeks immediately following the day of her delivery, and her employer shall be bound to give her this benefit: Provided that a woman shall not be entitled to such benefit unless she has worked under her employer for a period of not less than 6 (six) months immediately preceding the day of her delivery.

(2) No such benefit shall be payable to a woman if at the time of her delivery she has 2 (two) or more surviving children, but in that case she may enjoy any leave which is due to her

47. (1) If a pregnant woman is entitled to maternity benefit under this Act, she shall, on any day, give notice either orally or in writing to her employer that she expects to be confined within 8 (eight) weeks next following and the name of the person who shall receive the payment of the benefit in case of her death shall also be included in the notice.

(2) If a woman has not given any such notice, she shall inform her employer about her giving birth to a child by giving such notice within 7 (seven) days of her giving birth to child.

(3) After receipt of a notice under sub-section (1) or (2), the employer shall permit the concerned woman to absent herself from work, (a) in the case of a notice under sub-section (1), from the day following the date of notice; (b) in the case of a notice under sub-section (2), from the day of delivery until 8 (eight) weeks after the day of delivery.

(4) An employer shall pay maternity benefit to a woman in any of the following ways as that woman may desire, namely: (a) where a certificate from a registered medical practitioner is produced stating that the woman is expected to be confined within 8 (eight) weeks the maternity benefit payable for 8 (eight) weeks preceding delivery shall be paid within 3 (three) working days following the production of the certificate, and such benefit payable for the remaining period shall be paid within 3 (three) working days of the production of proof that she has given birth to a child; or (b) maternity benefit payable for 8 (eight) weeks preceding and including the date of delivery shall be paid within 3 (three) working days following the production of proof to the employer that she has given birth to a child, and such benefit payable for the remaining period shall be paid within 8 (eight) weeks following the production of such proof; or (c) maternity benefit payable for the whole of such period shall be paid within three working days following the production of proof that she has given birth to a child: Provided that a woman shall not be entitled to any maternity benefit or any part thereof, the payment of which is dependent upon the production of proof under this sub-section that she has given birth to a child, unless such proof is produced within 3 (three) months of the day of her delivery.

(5) The proof which is required to be produced under sub-section (4) shall be either an attested extract from a birth register maintained under the Births and Deaths Registration Act, 2004 (Act No. XXIX of 2004) or a certificate given by a registered medical practitioner or such other proof as may be acceptable to the employer.

48. (1) The maternity benefit which is payable under this Act shall be paid at the rate of daily, weekly or monthly average wages, as the case may be, calculated in the manner laid down in sub-section(2), and such payment shall be made wholly in cash.

(2) For the purpose of sub-section (1), the daily, weekly or monthly average wages shall be calculated by dividing the total wages earned by the concerned woman during 3 (three) months immediately preceding the date on which she gives notice under this Chapter by the number of days she actually worked during that period.

49. (1) If a woman entitled to maternity benefit under this Chapter dies at the time of her delivery or during 8 (eight) weeks following thereof, the employer shall pay the amount of maternity benefit, if the newly born child survives, to the person who takes care of the child, and if the child does not survive to the person nominated by her under this Chapter, or if there is no such nominee, to her legal representative.

(2) If a woman dies during the period for which she is entitled to maternity benefit but before giving birth to a child, the employer shall be liable to pay such benefit for the period preceding and including the day of her death, provided that if any such benefit already paid to her exceeds the amount of such benefit now payable shall not be recoverable, and if any amount in this regard is due to the employer till the time of death of the woman, he shall pay it to the nominee of the woman under this Chapter, or if there is no nominee, to her legal representative. 

50. If any notice or order of discharge, dismissal, removal or otherwise termination of employment is given by the employer to a woman worker within a period of 6 (six) months before and 8 (eight) weeks after her delivery and such notice or order is given without sufficient cause, she shall not be deprived of any maternity benefit to which she would be entitled under this Chapter if such notice or order has not been given.

51. Every establishment shall be kept clean and free from effluvia arising from any drain, privy or any other nuisance, and in particular

(a) the dirt and refuge shall be removed daily by sweeping in a suitable manner from the floors, work-rooms, staircases and passages of the establishment;

(b) the floor of every work-room shall be washed at least once in every week and, if necessary, disinfectant shall be used in washing;

(c) where any floor becomes wet in the course of any manufacturing process to such an extent that drainage is required thereof, effective means of drainage shall be provided and maintained; 

(d) all inside walls, partitions, ceilings, staircases, passages shall

(i) if they are painted or varnished, be repainted or re-varnished at least once in every 3 (three) years,

(ii) if they are painted or varnished and have smooth imperious surface, be cleaned at least once in every 14 (fourteen) months, by such methods as may be prescribed by rules,

(iii) in other cases, be white-washed or colour-washed at least once in every 14 (fourteen) months, ; and

(e) the dates of completing works mentioned in clause.

(d) shall be entered in the register prescribed by rules

52. (1) Arrangements for adequate ventilation shall be made for securing and maintaining circulation of fresh air in every work-room of every establishment.

(2) Suitable measures shall be taken to keep the temperature in every such room in such a condition that may secure to workers therein reasonable conditions of comfort, and prevent injury to health of the workers.

(3) For the purpose of sub-section (2), the wall and roof of a room shall be so designed that such temperature does not rise, and remains low as far as possible.

(4) Where the nature of the work in an establishment is such that it likely to produce excessive high temperature, the suitable measures, as far as possible shall be taken to separate the source of producing such excessive temperature or the hot part of it by insulating such source or part or by any other means from the workroom of the workers.

(5) If it appears to the Government that excessively high temperature in any establishment may be reduced by white-washing, spraying or insulating or screening outside walls, roofs or windows, or by raising the level of the roof, or by other special methods, it may direct to adopt any of the suitable measures mentioned above in such establishment.  

53. (1) If in any establishment, by reason of any manufacturing process carried on, there is given off any dust or fume or other impurity of such a nature and to such an extent as is likely to be injurious to the health of, or offensive to, the workers employed therein, the 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 as far as possible.

(2) In any establishment no internal combustion engine shall be operated unless the exhaust is conducted into open air, and no internal combustion engine shall be operated in any work-room unless effective measures are taken to prevent such accumulation of fumes therein as are likely to be injurious to the health of the workers employed in the work-room

54. Effective arrangements shall be taken in every establishment for disposal of wastes and effluents due to manufacturing process carried on therein.

55. (1) If the humidity of air is artificially increased in any establishment, the water used for the purpose shall be taken from a public water supply system or other source of drinking water, or shall be effectively purified before it is so used.

(2) If it appears to the Inspector that the water used for such purpose is not effectively purified as required under sub-section (1), he may serve on the employer an order in writing to adopt measures specified therein in that order the time specified therein

56. (1) No work-room in any establishment shall be overcrowded to an extent injurious to the health of the workers employed therein.

(2) Without prejudice to the generality of the above provisions at least 9.5 cubic metres of space shall be provided for every worker employed in a work-room. Explanation.For the purpose of this sub-section, if the height of any room is more than 4.25 metres above the floor level it shall not be taken into account.

(3) If the Chief Inspector by order in writing requests any employer, a notice shall be posted in each work-room of the establishment specifying the maximum number of workers who may, in compliance with the provisions of this section, be employed in that room.

(4) The Chief Inspector may, by order in writing, exempt any work-room from the provision 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

57. (1) Sufficient and suitable lighting, natural or artificial, or both, shall be provided in every part of an establishment where workers are working or passing. 

(2) In every establishment, all glass windows and skylights used for the lighting of the work-room shall be kept clean on both surfaces, and free from obstruction as far as possible.

(3) In every establishment, effective measures shall be taken for the prevention of

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

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

58. (1) In every establishment, arrangements shall be made at a suitable point to supply sufficient purified potable water for all workers employed therein.

(2) All water supply points shall be legibly marked with “Potable water” in Bangla.

(3) Where two hundred fifty or more workers are ordinarily employed in an establishment, provision shall be made for cooling the potable water during the summer.

(4) Where dehydration occurs in the body of workers due to work near machineries creating excessive heat, oral re-hydration therapy shall be provided to those workers.  

59. In every establishment,

(a) sufficient number of 2[sanitary toilets and washrooms] of the type prescribed by rules shall be provided at the suitable places so that the workers employed therein at the time of work may use easily;

(b) such 3[toilets and washrooms] shall be provided separately for male and female workers;

(c) 4[toilets and washrooms] shall be adequately lighted and ventilated and water shall be provided at all times; and

(d) such 5[toilets and washrooms] shall be maintained in a clean and sanitary condition at all times with suitable detergents and disinfectants 6[at employer’s cost.

60. (1) Sufficient number of dustbins and spittoons shall be provided in every establishment at convenient places and these shall be maintained in a clean and hygienic condition.

(2) No person shall throw any dirt or spit within the premises of an establishment except in such dustbins and spittoons.

(3) A notice containing this provision and the fact that contravention thereof is a punishable offence shall be posted at different suitable places of every establishment so that it may easily comes to the notice of all. 

61. (1) When it appears to an Inspector that any building, or any part thereof, or any road, machinery or plant 1[or internal electrical system of a building] an establishment is in a condition which is dangerous to human life or safety, he may, by an order in writing, direct the employer to take such measures as, in his opinion, are required to be taken, within such time as may be specified in the said order.

(2) When it appears to an Inspector that the use of any building, or any part thereof or any road, machinery or plant 2[or internal electrical system of a building] an establishment is in imminent danger to human life or safety, he may, by an order in writing, address to the employer, prohibit its use until it is properly repaired or altered.

62. (1) Every establishment shall be provided with such means of exit including at least one alternative staircase connecting with every floor at the time of fire and 3[requisite number of] fire fighting equipment's [in every floor] as may be prescribed by rules.

(2) If it appears to an Inspector that no means of exit has been provided according to the rules mentioned in sub-section (1) 4[or no requisite number of fire fighting equipment's have been placed according to the license given by the Fire Service Department], he may, by serving an order in writing upon the employer, inform him of the measures which in his opinion are required to be taken within the time specified in that order.

(3) In every establishment the door affording exit from any room shall not be locked or fastened so that the person working in the room may easily and immediately open it from inside 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.

(3a) In every establishment, while work is going on, no exit of a room shall be kept locked or fastened and no exit shall be hindered or no barrier shall be put on the way.

(3b) All doors shall be made in such a way that they may be opened at once from inside of a working room to outwards.

(3c) If there is any door between 2 (two) rooms, it shall be made in such a way that it may be opened near to the nearest exist of the building and no such door shall be kept locked or hindered while work is going on.

(4) In every establishment, except the exit for ordinary use, every window, door or other exit affording means of escape in case of fire shall be distinctively marked in Bangla letters by red colour or marked by other clearly understood sign.

(5) In every establishment, the clearly audible whistle shall be provided to alarm every worker employed therein in case of fire or danger.

(6) A free passage-way giving access to each way of exit in case of fire shall be provided for the use of the workers in every room of the establishment.

(7) In every establishment where 10 (ten) or more 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 workers may be familiar with the means of escape in case of fire and are adequately trained in the routine work to be followed in such cases.

(8) In factories and establishments wherein 50 (fifty) or more workers/employees are employed, at least once in every 2[6 (six) months] a mock firefighting shall be arranged and a book of records in this regards shall be maintained in the prescribed manner by the employer.

64. (1) Where, in any establishment, it becomes necessary to examine any part of machinery while in motion under section 63, 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 carried out by a specially trained male worker, and the tight-fitting cloths shall be worn by that worker, and his name shall be recorded in the register prescribed in this behalf, and while such worker is engaged in such works, he shall not handle a belt at a moving pulley, unless the belt is less than 15 (fifteen) centimeters in a width and its joint is tightened with flush and lace.

(2) The Government may, by notification in the official Gazette, prohibit cleaning, lubricating, adjusting of any specified moving part of any machinery in any specified establishment.

65. (1) In every establishment-

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

(b) when any driving belt is not in use, it shall not be allowed to rest upon any shaft in motion.

(2) Suitable devices for cutting off power in emergencies from running machinery shall be provided in every work-room of every establishment.

66. Where any moving part of an automatic machine and any material carried thereon in an establishment is in a space over which any person is liable to pass either for the purpose of duty or for any other reason, it shall not be allowed to move outward or in ward between 45 (forty-five) centimeters from any fixed structure which is not a part of such machine:

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

67. After the commencement of this Act, in every power driven machinery installed in an establishment-

(a) every set screw, belt or key, or any revolving shaft, spindle wheel or pinion shall be so sunk, encased or otherwise effectively guarded so as to prevent danger;

(b) all spur, worm and other toothed gearing, which does not require frequent adjustment while in motion, shall be completely encased, unless it is so situated as to be safe if it were completely encased.

68. In an establishment, the following provisions shall apply to all cranes and other lifting machinery, except hoist and lift namely:-

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

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

(ii) properly maintained,

(iii) thoroughly examined by a competent person at least once in every 12 (twelve) months and a register shall be maintained containing particulars prescribed by rules, of every such examination;

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

(c) while any person is working on the wheel-tract of a traveling crane in any place, where he is likely to be struck by the crane, effective measures shall be taken to ensure that the crane does not approach within 6 (six) meters of that place.

69. (1) Every hoist and lift in every establishment shall be:-

(a) of good construction with sound material and adequate strength;

(b) properly maintained;

(c) thoroughly examined by a competent person at least once in every 6 (six) months, and a register shall be maintained containing such particulars, of every examination as may be prescribed by the rules.

(2) Every hoist way and lift way 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.

(3) In every establishment, the capacity of safe working load shall be clearly written down on every hoist or lift and no load beyond such load shall be carried thereon.

(4) In every establishment, the cage of every hoist or lift used for carrying persons shall be fitted with a gate on both sides for riding and landing. The highest capacity of every hoist and lift shall be written legibly in Bangla.

(5) Every gate referred to in sub-sections (2) and (4) shall be fitted with interlocking or other efficient device to secure that the gate shall not be opened until the cage is landed, and that the cage shall not be moved until the gate is closed.

(6) The following additional requirements shall be applied to hoists and lifts installed or reconstructed in an establishment after the commencement of this Act, namely:-

(a) where the cage is dependent on rope or chain, there shall be at least 2 (two) ropes or chains separately connected with the cage and shall maintain its balance, and every rope and chain shall be such that it may carry the cage together with its maximum load;

(b) efficient devices shall be provided to support the cage together with its maximum load in the event of breakage of the ropes and chains;

(c) proper automatic devices shall be provided to control the excessive speed of the cage.

(7) The Chief Inspector may, upon such conditions for ensuring safety as he may think fit, permit to continue the use of a hoist or lift which was installed in an establishment before the commencement of this Act without complying with the provisions of sub-sections (1), (2), (3), (4) and (5).

70. (1) In every room in an establishment in which the process of grinding is carried on, there shall be permanently affixed to or placed near, each machine in use a notice indicating the following matters, namely:-

(a) maximum safe working peripheral speed of every grind stone or abrasive wheel;

(b) the speed of the shaft or spindle upon which the wheel is mounted;

(c) the diameter of the pulley upon such shaft or spindle necessary to secure such safe working peripheral speed.

(2) The speeds indicated in the notice shall not be exceeded.

(3) Effective measures shall be taken in respect of every revolving vessel, cage, basket, fly-wheel, pulley disk or similar appliances driven by power so that their prescribed speed may not be exceeded.

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

72. In every establishment,

(a) all floors, stairs, passages shall be of sound construction and properly maintained and where necessary strong railing shall be provided to ensure their safety, 1[and the passages and stairs shall be kept opened for easy movement during continuance of work.]

(b) there shall, in so far as reasonably practicable, be provided with safe means of access to every place where any person is, at any time, required to work;

(c) 2[****] passages and stairways shall be clean, wide and clear of all obstructions; and 

(d) an employer may, for overall safety of the factory and workers, bring the passages of movements, stairs, gates, go downs and common utility area of the place of work under close circuit camera.

73. Where in an establishment any fixed vessel, sump, tank, pit or tunnel in such that, by reason of its depth, situation, construction or contents, it may be a source of danger, it shall be either securely covered or fenced.

74. No worker shall be allowed in any establishment to lift, carry or move any load so heavy as to be likely to cause his injury.

75. The Government may, in respect of any establishment where manufacturing process is carried on, by rules, require that suitable goggles or eye screens shall be provided for the protection of eyes of the persons employed therein, if any of the following risks involves in such process, namely:-

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

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

76. If it appears to an Inspector that any building, or any part thereof, or any passage, machinery or plant, of an establishment is in a condition which is dangerous to human life or safety, he may, by order in writing, to be served on the employer of the establishment, require him to do the following works within the time specified therein, namely:-

(a) to supply necessary drawings and other information or particulars to determine whether such building, passage, machinery or plant may be used with safety;

(b) to carry out necessary tests to determine the strength or quality of any specific part and to inform the Inspector of the result thereof.

77. (1) No person shall enter or be permitted to enter any room, vessel, hole, pipe, flue or other confined space of any establishment, where the dangerous fumes are likely to exist to such extent as to involve risks to any person, unless it is provided with a manhole of such size, as may be prescribed by rules or other effective means of exit.

(2) No portable electric light of a voltage of exceeding 24 (twenty-four) volts shall be permitted to use inside any confined space referred to in sub-section (1) and where fumes are likely to be flamed, no light other than the light made of flame misstating metal shall be allowed to use in such place.

(3) No person shall enter or be permitted to enter any such confined space of any establishment until all practicable means are taken to remove fumes from there or prevent access thereto, and unless any of the following measures are taken:- 

(a) a certificate is given by a competent person after carrying out test thatthe space is free from dangerous fumes and fit for entering thereto; or

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

(4) In every establishment, the suitable breathing apparatus, reviving apparatus, belts and ropes shall be kept ready for instant use beside any such space and such apparatus shall be periodically examined by a competent person, and shall be certified by him that it is fit for use, and a sufficient number of persons employed in every establishment shall be trained and practiced in the use of all such apparatus and the method of restoring respiration.

(5) In any establishment no person shall be permitted to enter into any boiler, furnace, flue chamber, tank, pipe or other confined space for the purpose of working or making any examination therein until it is sufficiently cooled by ventilation or otherwise made it fir for human entry.

78. (1) Where, in any establishment gas, fume, dust or vapour produced due to any manufacturing process is of such character or to such extent which is likely to be exploded or ignited, all practicable measures shall be taken to prevent any such explosion by any of the following ways, namely:-

(a) by effectively enclosing plant or machinery while it is in use;

(b) by removing or preventing accumulation of such dust, gas, fume or vapour;

(c) by effectively enclosing all possible sources of ignition.

(2) Where in any establishment the plant or machinery used in a process is not so constructed as to withstand the probable pressure which is produced in the case of such explosion, all practicable measures shall be taken to restrict the spread and effects of the explosion by the provision of chokes, baffles, vents or any other effective apparatus in the plant or machinery.

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

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

(b) all practicable measures shall be taken before removing any such fastening or to reduce pressure of the gas or vapour to atmospheric pressure;

(c) where any such fastening is 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 is secured and securely replaced:

Provided that the provisions of this sub-section shall not apply where any plant or machinery is installed in the open field.

(4) Where in any establishment any plant, tank or vessel contains or contained at any time any explosive or inflammable substance, no welding or cutting shall be carried out by using heat, unless adequate measures are first taken to remove such substance or fumes or to render them un-flammable or un-explosive and such substance shall not be allowed to enter such plant, tank or vessel after any such works until the metal is cooled down sufficiently to prevent any risk of igniting the substance.

78A. (1) No authority shall engage any worker in work without providing him with personal safety equipments and ensuring uses thereof and a record book shall be maintained in this behalf by the employer in the prescribed manner.

(2) If any personal safety equipment is supplied but not used, the worker concerned shall be liable.

(3) Every worker shall be made aware of the hazards of work through training in order to ensure the protection and safety of his professional health in the place of work.

79. Where the Government is satisfied that any operation carried on in an establishment exposes any person employed in it to a serious risk of bodily injury, poisoning or disease, it may, by rules, make the following provisions for such establishment, namely:-

(a) to declare which operations are hazardous;

(b) to prohibit the employment of women, adolescents or children in such operation;

(c) to provide for regular medical examination of persons employed in such operation and to prohibit the employment of persons not certified to be fit for such employment;

(d) to provide for protection of all persons employed in the operation or in the vicinity of such places and to use any specified materials or processes in connection with the operation; and 

(e) to give notice of any corrosive chemicals and of precautions to be taken in their use.

80. (1) When any accident occurs in an establishment causing loss of life or bodily injury, or an accidental explosion, ignition, outbreak of fire or irruption of water or fumes occurs, the employer shall give notice of the occurrence to the Inspector within following 2 (two) working days 2[:]1[Provided that the factory authority shall, immediately after the occurrence of such incident, inform the matter to the Government, Fire Service, Directorate of Inspection of Factories and Establishments, Police Station, and if required, the nearby hospital or government-private medical service establishment, through telephone, mobile phone, SMS or fax, in order to take immediate necessary action to minimize potential damages or bring the situation under control.]

(2) Where an accident mentioned in sub-section (1) causes bodily injury resulting in the compulsory absence from work of the person injured for a period exceeding 48 (forty-eight) hours, it shall be entered in a register prescribed by rules. 

(3) The employer shall send to the Chief Inspector a copy of the entries in the register referred to in sub-section (2) within 15 (fifteen) days following the 30th day of June and the 31st day of December in each year.

81. Where in an establishment, any dangerous occurrence of a nature prescribed by rules occurs, whether causing any bodily injury or not, the employer shall inform the Inspector by notice within the following three working days.

82. (1) Where in an establishment any worker contacts any disease specified in the Second Schedule, the employer or the concerned worker or any person specified by him in this behalf shall inform the Inspector by a notice in such form and within such time as may be prescribed by rules.

(2) If any registered medical practitioner, while giving treatment to an existing or previous worker of an establishment, finds that he is suffering or suspects to be suffering from any disease specified in the Second Schedule, the said medical practitioner shall forthwith inform by a report in writing, the Inspector of the following matters, namely:-

(a) the name and mailing address of the patient;

(b) the name of the disease from which the patient is suffering or is suspected to be suffering;

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

(2a) The employer determined by the Chief Inspector shall arrange for treatment of the worker suffered, or incurred losses, from such professional disease.

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

83. (1)When any accidental explosion, ignition, outbreak of fire or irruption of water or any other accident occurs in an establishment, or when any disease specified in the Second Schedule breaks out or is suspected to be broken out, and if the Government thinks that a formal enquiry into the causes of, and the circumstances appearing in, the accident or disease is necessary, it may appoint a competent person to hold such enquiry, and may appoint any person who has special knowledge in law or concerned matter as an assessor during enquiry.

(2) The person holding enquiry shall have all the powers of a Civil Court under the Code of Civil Procedure for the purpose of enforcing the attendance of witnesses and compelling the production of documents and other things, and if any person is required by him to furnish any information for the purpose of enquiry, he shall be deemed to be legally bound to do so within the meaning of section 176 of the Penal Code.

(3) The person holding enquiry may exercise any of the powers of an Inspector under this Act, as he may think necessary to exercise, for the purposes of the enquiry.

(4) The person holding the enquiry shall submit a report to the Government and shall record in that report the causes of the accident and the circumstances relating thereto, and shall state any observation that he or the assessor, may have.

(5) The Government shall publish the report at such time and in such manner as may be prescribed by it.

84. (1) An Inspector may, at any time during the normal working hours of an establishment, by giving information to the employer, take in the manner hereinafter describing, a sample of any substance used or brought for use in the establishment, if it appears to him that such substance is being used in contravention of the provisions of this Act or the rules, or is likely to cause bodily injury or harm to the workers of the establishment.

(2) Where any Inspector takes such sample, he shall, in the presence of the employer, unless he willfully absents himself, divide the sample into 3 (three) portions and effectively seal and properly mark every portion of it, and shall also permit the employer to add his own seal and mark thereon.

(3) The employer shall, if the Inspector so requires, provide the appliances for dividing and sealing and marking the sample.

(4) The Inspector shall give one portion of the sample to the employer forthwith, send the second portion to a Government analyst for analysis and to give report thereon, and keep the third portion to himself for production to the Court, if any criminal proceedings is instituted in respect of the substance of the sample.

(5) Any report, on any sample of a substance made by any government analyst under this section, may be used as evidence in any proceedings instituted in respect of such substance.

85. (1) If, in respect of any matter for which no express provision is made in this Act, it appears to an Inspector that any establishment or any part thereof or any matter or practice therein or connected therewith or controlled thereby is dangerous to human life or safety, or is so defective as likely to cause bodily injury to the people, he may, by a notice in writing, inform the employer relating thereto and order to remove those things which are dangerous or injurious or defective, within such time and in such manner as may be specified in the notice.

(2) Without prejudice to the provisions of sub-section (1), the Inspector may, by order in writing, direct the employer of any establishment not to extract or reduce any pillar of his establishment or of any part thereof, if in his opinion, such operation is likely to cause the crushing of any other pillar or the premature collapse of any part of the establishment or endanger the establishment.

(3) If the Inspector is of opinion that there is imminent danger to the life or safety of any person employed in any establishment, he may, by an order in writing to the employer concerned stating the grounds of his opinion, prohibit the employment of any person in the establishment or any part thereof, until he is satisfied that the danger is removed, but this order shall not apply to the person who is employed to remove such danger.

(4) Any employer aggrieved by an order under sub-section (3) may prefer an appeal against such order to the Chief Inspector within 10 (ten) days of the receipt of the order, who may confirm, modify or cancel the order.

(5) The Inspector shall, in respect of each order made under sub-sections (1) and (3), report forthwith to the Government, and shall inform the employer concerned of the report so furnished.

(6) The Chief Inspector shall report forthwith to the Government any order, except the order of cancellation made by him under sub-section (4), and shall also inform the employer concerned of the report so furnished.

(7) Any employer who has any objection against any order made under subsection (1), (3) or (4) shall within 20 (twenty) days of receipt of such order, inform the Government in writing, stating the objection and reasons therefore, and the Government shall send it to a committee for decision.

(8) The employer shall comply with the order against which objection has been made until the decision of the committee is received:

Provided that on an application of the employer, the committee may suspend the order passed under sub-section (1) pending the decision of the committee.

86. (1)Where any worker of an establishment finds that any building or machinery thereof, which is ordinarily used by the workers, is in such a dangerous condition that it is likely to cause bodily injury to any worker at any time, shall immediately inform the employer of it in writing.

(2) If, on the receipt of such information, the employer fails to take appropriate measures on this matter within 3 (three) days and any worker is injured due to use of such building or machinery, he shall be liable to pay compensation to the worker so injured at the rate of double of the compensation payable for such injury under Chapter VII.

87. The provisions of sections 39, 40 and 42 shall apply to a woman worker as they apply to an adolescent worker.

88. (a) give direction to make further provisions and to take further measures for securing the safety of the workers employed in any establishment;

(b) prohibit the running of any manufacturing process using power in any building until a certificate of strength of such building by a person having such qualification and in such form, as may be prescribed by rules, is reached to the Chief Inspector.

89. (1) In every establishment the first-aid box or cupboard equipped with the contents prescribed by rules shall be provided to be readily accessible during all working hours.

(2) The number of such box or cupboard shall not be less than one for every 150 (one hundred and fifty) workers ordinarily employed in the establishment.

(3) Every first-aid box or cupboard shall be kept in charge of such a responsible person who is trained in first-aid treatment, and who shall be available during all working hours of the establishment.

(4) A notice shall be affixed in every work-room stating the name of such person and such person shall wear a badge so as to facilitate his identification.

(5) In every establishment, where 300 (three hundred) or more workers are ordinarily employed, a sick room with a dispensary of a size and containing equipment's or other facilities prescribed by rules shall be provided and such room shall be in the charge of such medical practitioner and nursing staff as may be prescribed by rules.

(6) In any establishment or establishments where 5000 (five thousand) or more workers are employed, the employer or employers of that establishment or those establishments, as the case may be, shall arrange for running a permanent medical center in such manner as may be prescribed by rules.

(7) The treatment of a worker or an employee suffered from professional disease or work-time accident shall be continued by a competent or specialist medical practitioner at the expense and responsibility of the employer until such worker or employee is fully cured of such disease, hurt or sickness.

(8) In every establishment where 500 (five hundred) or more workers are employed, the employer of such establishment shall appoint a welfare officer in the manner proscribed by rules.

90. In every factory or establishment, where more than 25 (twenty five) workers are employed, a compulsory safety record book shall be maintained and a safety information board shall be exhibited in the manner prescribed by rules.

90A. In every factory where 50 (fifty) or more workers are employed, there shall be a safety committee to be formed and functioned in the manner prescribed by rules.

91. (1) In every establishment,-

(a) sufficient number of suitable bathrooms and washing facilities with provisions of their maintenance shall be provided for the use of the workers employed therein;

(b) such facilities shall be provided separately for male and female workers, and they shall be properly screened;

(c) such facilities shall be kept clean at all times and easily accessible.

(2) The Government may, by rules, prescribe the standard of such facilities in respect of any establishment.

92. (1) In an establishment where more than 100 (one hundred) workers are ordinarily employed, adequate number of canteens shall be provided for their use.

(2) The Government may, by rules,

(a) prescribe the standard of construction, accommodation, furniture and other equipment of the canteen;

(b) provide for constitution of a managing committee for the canteen and for representation of the workers in its management.

(3) The said managing committee shall determine the food to be served in the canteen and the charges therefor.

93. (1) In every establishment where more than 50 (fifty) workers are ordinarily employed, adequate and suitable number of rest rooms shall be provided and maintained for use of the workers, and a suitable lunch room with arrangement for drinking water, shall also be provided and maintained in that establishment so that the workers may eat their meals that they may have brought with them:

Provided that any canteen maintained in accordance with the provisions of section 92 shall be deemed to be a part of the requirements of this sub-section:

Provided further that in an establishment where any lunch room exists, the workers shall not eat any food in his work room.

(2) The said rest rooms and lunch rooms shall be sufficiently lighted and ventilated and shall be maintained in a clean and tolerable temperature condition.

(3) In the establishments where more than 25 (twenty five) female workers are employed, separate rest room shall be provided for male and female workers and in establishments where less than 25 (twenty five) female workers are employed, separate screened spaces shall be provided in the rest room for female workers.

94A. In an industrial establishment where there is arrangement for residential accommodation for workers, the handicapped workers shall be given preference in the allotment of such accommodation.]

95. The Government may, in respect of tea plantations-

(a) make rules requiring every employer thereof to make provisions for

such recreational facilities for the workers employed therein and their

children as may be specified in such rules;

(b) where the number of children of any tea plantation workers between

the ages of 6 (six) and 12 (twelve) years exceeds 25 (twenty-five),

make rules requiring the employer thereof to provide educational

facilities for the children in such manner and of such standard as may

be specified in such rules;

(c) require the establishment of suitable medical centers in every tea

plantation for the workers and their children in such manner as may

be prescribed by rules.

96. The employer of every tea plantation shall provide housing facilities for every worker and his family residing in the tea plantation.

97. The employer of every tea plantation shall provide facilities, within easy reach of his workers, for obtaining their daily necessities.

98. Every newspaper worker and

his dependents shall be entitled to medical care at the cost of the newspaper

establishment in such manner and to such extent as may be prescribed by rules.

husband, widowed-mother, invalid parents and legitimate son and daughter of a

newspaper worker, residing with him and wholly dependent upon him.

99. (1) In an establishment where at least 100 (one hundred) permanent workers are employed, the employer

shall introduce group insurance under the existing insurance laws.

(2) The amount claimed as insurance shall be in addition to the other dues of a worker under this Act: Provided that the recovery of the insurance claim due to death of a worker shall be the responsibility of the employer and he shall make arrangement for payment of the amount so recovered from such insurance claim directly to the dependents: Provided further that notwithstanding anything contrary contained in any other law, where any insurance claim is made under this section, it shall be settled by joint initiatives of the insurance company and the employer within 120 (one hundred and twenty) days from the date of raising such claim.]

117. (1) Every adult worker who has completed

1 (one) year of continuous service in an establishment shall be allowed during the

following period of 12 (twelve) months’ leave with wages for days calculated on the

basis of the works of the preceding 12 (twelve) months at the following rate,

namely:

(a) 1 (one) day for every 18 (eighteen) days of work, in the case of a shop

or commercial or industrial establishment or factory or road

transport establishment;(b) 1 (one) day for every 22 (twenty two) days of work, in the case of tea

plantation;

(c) 1 (one) day for every 11 (eleven) days of work, in the case of a

newspaper worker.

(2) Every adolescent worker who has completed 1 (one) year of continuous

service in an establishment shall be allowed during the subsequent period of 12

(twelve) months’ leave with wages for a number of days calculated for the works of

previous 12 (twelve) months at the following rate, namely:

(a) 1 (one) day for every 15 (fifteen) days of work, in the case of a

factory;

(b) 1 (one) day for every 18 (eighteen) days of work, in the case of a tea

plantation;

(c) 1 (one) day for every 14 (fourteen) days of work, in the case of a shop

or commercial or industrial establishment.

(3) If any holiday occurs into the leave granted under this section shall be

included in such leave.

(4) If a worker does not, in any period of 12 (twelve) months, take the leave

either in whole or in part, to which he is entitled under sub-sections (1) or (2), such

leave shall be added to the leave which he is entitled to in the succeeding period of

12 (twelve) months.

(5) Notwithstanding anything contained in sub-section (4), an adult worker

shall cease to earn any leave under this section, when the earned leave due to him

amounts to

(a) 40 (forty) days in the case of a factory or road transport

establishment;

(b) 60 (sixty) days in the case of a tea plantation or shop or commercial or

industrial establishment.

(6) Notwithstanding anything contained in sub-section (4), an adolescent

worker shall cease to earn any leave under this section when the earned leave due

to him amounts to

(a) 60 (sixty) days in the case of a factory or tea plantation;

(b) 80 (eighty) days in the case of a shop or commercial or industrial

establishment.

(7) If a worker applies for earned leave and is refused by the employer for any

reason, such refused leave shall be added to the credit of such worker beyond the

limit mentioned in sub-section (5) or (6).(8) For the purposes 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 occurred 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 16 (sixteen) weeks;

(e) any period of lay-off;

(f) any legal strike or any illegal lock-out.

100. No adult worker shall ordinarily work or be

required to work in an establishment for more than 8 (eight) hours in a day:

Provided that subject to the provisions of section 108, any such worker may

work in an establishment up to 10 (ten) hours also in a day.

101.(a) work for more than 6 (six) hours in a day, unless he is given an interval of 1 (one) hour for rest or meal during that day;

(b) work for more than 5 (five) hours in a day, unless he is given an interval of half an hour for the said purpose during that day; or

(c) work for more than 8 (eight) hours in a day, unless he is given 1 (one) interval under clause (a) or 2 (two) intervals under clause

(b) for the said purpose during that day2[;]

3[(d) notwithstanding anything contained in this Act, the Government shall, by rules, prescribe the working and rest hours for various factories wherein the workers are engaged in physically hazardous and laborious work including construction, re-rolling, steel-mills, ship breaking and welding.]

102. (1) No adult worker shall ordinarily work or be required to work in an establishment for more than 48 (forty-eight) hours in a week.

(2) Subject to the provisions of section 108, an adult worker may work for more than 48 (forty-eight) hours also in a week: Provided that the total working hours of such worker shall not exceed

60 (sixty) hours in a week, and on the average 56 (fifty-six) hours per week in a year: Provided further that the total additional working hours of a worker employed in a road transport establishment shall not exceed 150 (one hundred and fifty) hours in a year: Provided further that the Government may, in the cases of some particular industries, under conditions imposed by order in writing, relax the provisions of this section or exempt from the provisions of this section at a time for a period of not exceeding 6 (six) months, if it is satisfied that in the public interest or in the interest of economic development such relaxation or exemption is necessary.

103. Every worker employed in an establishment

(a) shall be entitled to 1 (one and a half) day holiday in a week in the case of a shop or commercial establishment or an industrial, establishment and 1 (one) day in a week in the case of a factory and establishment;

(b) shall be entitled to one day of twenty four consecutive hours holiday in a week in the case of road transport establishment, and no deduction shall be made from his wages on account of such holidays1[;]

2[(c) no deduction shall be made from the wages of a worker for any holiday under the aforesaid clauses (a) and (b).] 

104. Where, as a result of the passing of an order or making of a rule under the provisions of this Act exempting an establishment or the workers employed therein from the provisions of section 103, a worker is deprived of any of the weekly holidays provided for in that section, he shall be allowed, as soon as circumstances permit, compensatory holidays of equal number to the holidays so deprived of. 

105. The period of work of an adult worker in an establishment shall be so arranged that inclusive of his interval for rest or meal under section 101 shall not spread over for more than ten hours, but on the basis of the permission given by the Government either generally or specially for any establishment, and subject to such conditions as may be imposed by it, exception may be made to the said provision. 

106. Where the shift work of an adult worker in an establishment extends beyond midnight

(a) for the requirement of section 103, a holiday for a whole day for the worker shall mean 24 (twenty-four) consecutive hours beginning from the end of his shift; and

(b) the following day for him shall mean 24 (twenty-four) consecutive hours beginning from the end of his shift, and the hours he has worked after midnight shall be counted to the hours of his works of the previous day. 

107. No worker shall work or be allowed to work on 1 (one) or more than 1 (one) vehicles in excess of the time permitted under this Act. 

108. (1) Where a worker works for more hours than the hours fixed under this Act in an establishment on any day or in a week he shall, for overtime work, be entitled to allowance at the rate of twice his ordinary rate of basic wage and dearness allowance and ad-hoc or interim wage, if any.

(2) Where any worker is paid on a piece rate basis in an establishment, the employer may, for requirement of this section, in consultation with the representatives of the workers, 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 in this case, 1[but in such cases the provisions of sub-section (1) shall not apply.]

(3) For ensuring compliance with the provisions of this section, the Government may, by rules, prescribe the register to be maintained by an establishment.

109. No woman worker shall, without her consent, be allowed to work in an establishment between 10 O’CLOCK at night and 6 O’CLOCK in the morning. 

110. No adult worker shall be allowed to work in more than 1 (one) establishment on the same day, without permission of the Chief Inspector and on such conditions as may be imposed by him.

111. (1) In every establishment a notice showing the time clearly in writing when the adult workers employed therein are required to work shall be displayed in accordance with the provisions of section 337 and correctly maintained in the establishment.

(2) The time shown in the notice shall be fixed beforehand in accordance with the provisions of this section, and shall be such as the workers working during such time is not be required to work in contravention of the provisions of sections 100, 101, 102, 103 and 105.

(3) Where all the adult workers of an establishment are required to work during the same hours, the employer shall fix those hours generally.

(4) Where all the adult workers of an establishment are not required to work during the same hours, the employer shall divide the workers into groups according to the nature of their work, and fix the number of workers in each group.

(5) For a group which is not required to work on a shift basis, the employer shall fix the time during which that group is required to work.

(6) Where any group is required to work on a shift basis, and the relays are not subject to undetermined periodical changes of shifts, the employer shall fix the time when the relay of each such group is required to work.

(7) Where any group is required to work on a shift basis, and the relays are subject to predetermined periodical changes of shifts, the employer shall draw up a scheme of shifts where the relay of which group is required to work in which time of which day is to be known.

(8) Two copies of the notice of the hours of work under this section shall be sent for approval to the Inspector before the work in an establishment begins.

(9) The Inspector shall return a copy of the notice indicating any modification, if necessary, to the employer within one week of its receipt, and the employer shall immediately comply with the modifications, if any, and shall preserve such approval in the records of the establishment.

(10) If any proposed change in the system of work in an establishment necessitates a change in the notice, 2 (two) copies of the proposed charge shall be sent to the Inspector before such change is made, and no such change shall be made without previous permission of the Inspector.

(11) If a worker attends to work after half an hour of the time fixed for the work of the day, the employer may refuse to employ the worker for the work of that day.

112. (1) No person shall be employed as a driver in a road transport establishment unless he has attained the age of 21 (twenty one) years.

(2) No person shall be employed in such establishment in any other post unless he has attained the age of 18 (eighteen) years. 

113. No adult worker shall work or required to work otherwise than in accordance with the notice under section 111(1) and the entries made beforehand against his name in the register maintained under section 9.

114. (1) Every shop or commercial or industrial establishment shall remain entirely closed for at least 1 (one and a half) day in each week.

(2) The Chief Inspector shall fix which 1 (one and a half) day in which area such establishments shall remain entirely closed: Provided that the Chief Inspector may, from time to time, in the public interest, refix such fixed day for any area.

(3) No shop shall remain open after 8.00 O’CLOCK at night on any day: Provided that if any customer is in a shop for buying such customer may be given an opportunity for buying till 30 (thirty) minutes following such closing hour.

(4) The Government may, in consideration of special circumstances, by notifications in the official Gazette, alter the closing hours of shops in any area in any season on such conditions as may be mentioned in the notice.

(5) The provisions of this section shall not apply to the following cases, namely:

(a) docks, jetty, stations or airports and terminal offices of transport services;

(b) shops dealing mainly in vegetables, meat, fish, dairy products, bread, pastries, sweetmeats and flowers;

(c) shops dealing mainly in medicines, surgical appliances, bandages or other medical requisites;

(d) shops dealing in articles for funerals or cremation;

(e) shops dealing mainly in tobacco, cigars, cigarettes, bidi, pan, ice, newspapers, periodicals and retail shops for selling 1[light] tiffin to be eaten sitting in the shops;

(f) petrol pumps for the retail sale of the petrol and automobile service stations not being repair workshops;

(g) shops of barbers and hair dressers;

(h) any system of public conservancy or sanitation;

(i) any industry, business or establishment which supplies power, light or water to the public;

(j) clubs, hotels, restaurants, catering houses, cinemas or theatres:

Provided that where several trades or business are carried on in the same shop or commercial establishment and the majority of them, by their nature, are eligible to exemption from this section, such exemption shall apply to the entire shop or commercial establishment: Provided further that the Chief Inspector may, by a general or special order, published in the official Gazette, fix the opening and closing hours for any aforesaid establishments or class of establishment.

1[(6) If any shop or commercial establishment mentioned in sub-section (5) exists in a market or shopping mall, the provisions of sub-section (1) shall apply to such shop or establishment.]  

115. Every worker shall be entitled to casual leave for 10 (ten) days with full wages in a calendar year, and if such leave is not availed for any reason, it shall not be accumulated and the leave of any year shall not be availed in the succeeding year: Provided that nothing in this section shall apply to a worker employed in a tea plantation. 

116. (1) Except a newspaper worker, every worker shall be entitled to sick leave with full wages for 14 (fourteen) days in a calendar year.

(2) Every newspaper worker shall be entitled to sick leave with half wages for not less than one-eighteenth of the period of his service.

(3) No such leave shall be granted unless a registered medical practitioner appointed by the employer or, in the absence of such medical practitioner, any other registered medical practitioner, after examination, certifies that the worker is ill and requires leave for treatment or cure for such period as is mentioned in the certificate.

(4) Such leave shall not be accumulated and carried forward to the succeeding years. 

Unless there is anything repugnant in the subject or context, in this Chapter, "wages" means the wages as defined in section 2 (45), and also includes the following dues, namely:

(a) any bonus or other additional remuneration payable under the terms of employment;

(b) any remuneration payable for leave, holiday or overtime work;

(c) any remuneration payable under order of any Court or any award or settlement between the parties;

(d) any sum payable under any agreement or this Act for the reason of termination of employment, whether by way of retrenchment, discharge, removal, resignation, retirement, dismissal or by whatever means; and

(e) any sum payable due to lay-off or suspension

Every employer shall be liable to pay to workers employed by him all wages required to be paid under this Act:

Provided that in the case of all other workers, except any worker employed by a contractor, the Chief Executive Officer, the manager or any other person responsible to the employer for the supervision and control of an establishment shall also be liable for such payment:

Provided further that if the wages of a worker employed by the contractor is not paid by the contractor, the wages of such worker shall be paid by the employer of the establishment, and the same shall be adjusted from the contractor

(1) Every person liable for the payment of wages under section 121 shall fix wage periods in respect of such payment.

(2) No wage period shall exceed 1 (one) month.