THE BANGLADESH LABOUR ACT, 2006, CHAPTER XIX

CHAPTER XIX

OFFENCE, PENALTY AND PROCEDURE

  1. Penalty for non-compliance of order of the Labour Court under section 33.—If any person refuses or fails to comply with an order passed by the Labour Court under section 33, he shall be punished with simple imprisonment for a term which may extend to 3 (three) months, or with fine which may extend to 5,000 (five thousand) taka, or with both.
  2. Penalty for employment of a child and adolescent.—If any person employs any child or adolescent, or permits any child or adolescent to work in contravention of any provision of this Act, he shall be punished with fine which may extend to 5,000 (five thousand) taka.
  3. Penalty for making agreement in respect of a child in contravention of section 35.—If the parent or guardian of a child makes an agreement in respect of the child in contravention of section 35, he shall be punished with fine which may extend to 1,000 (one thousand) taka.
  4. Penalty for contravention of the provisions of Chapter IV by an employer.—(1) If any employer contravenes any provision of Chapter IV, he shall be punished with fine which may extend to 1[25,000 (twenty five thousand)] taka.

(2) Whenever a Court imposes a fine under sub-section (1), it may, at the time of passing judgment, order the whole or any part of the compensation to be paid to the woman concerned for any loss or damage caused to her by the contravention for which the fine was imposed.

2[(3) The Court shall, in addition to the compensation provided in sub-section (2), pass an order to the employer concerned to give the worker the benefit under Chapter IV of which he was deprived.]

  1. Penalty for working for wages during permitted period of absence.—

If a woman does any work for cash or kind during the period when she has been permitted by her employer to absent herself under the provisions of Chapter IV, she shall be punished with fine which may extend to 1,000 (one thousand) taka.

  1. Penalty for contravention of section 67.—If any person sells or lets on hire, or as an agent of a seller or hirer causes or procures to be sold or let on hire for use in an establishment any machinery driven by power which does not comply with the provisions of section 67, he shall be punished with imprisonment for a term which may extend to 3 (three) months, or with fine which may extend to 1,000 (one thousand) taka, or with both.

xThe words “twenty five thousand” were substituted for the words “five thousand” by section 76(a) of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

2Sub-section (3) was inserted by section 76(b) of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

  1. Penalty for payment of wages at a rate below the minimum rate of wages.—(1) Any employer, who pays any worker wages at a rate lower than the rate declared under Chapter XI to be the minimum rate of wages, shall be punished with imprisonment for a term which may extend to 1 (one) year, or with fine which may extend to 5,000 (five thousand) taka, or with both.
  • Where the Court imposes penalty under sub-section (1), it may, at the time of passing the judgment, order that the employer shall pay to the worker concerned such sum to represent the differences between the amount actually paid to such worker and the amount which would have been payable to him if there was no such contravention.
  1. Penalty for failure to give notice of accidents.—If any person, in contravention of any provision of this Act, fails to give notice of any accident, he shall, if the accident results in serious bodily injury, be punished with fine which may extend to 1,000 (one thousand) taka, or if the accident results in loss of life, be punished with imprisonment which may extend to 6 (six) months, or with fine which may extend to 3,000 (three thousand) taka, or with both.
  2. Penalty for unfair labour practice.—(1) If any person contravenes any provision of section 195, he shall be punished with imprisonment for a term which may extend to 2 (two) years, or with fine which may extend to 10,000 (ten thousand) taka, or with both.
  • If any worker contravenes any provision of section 196, he shall be punished with imprisonment for a term which may extend to 1 (one) year, or with fine which may extend to 5,000 (five thousand) taka, or with both.
  • If any trade union or any person, other than a worker, contravenes any provision of section 196, it or he shall be punished with imprisonment for a term which may extend to 2 (two) years, or with fine which may extend to 10,000 (ten thousand) taka, or with both.
  1. Penalty for committing breach of settlement, etc.—If any person commits any breach in the terms of any settlement, award or decision which is binding on him under this Act, he shall be punished with imprisonment for a term which may extend to 1 (one) year, or with fine which may extend to 10,000 (ten thousand) taka, or with both.
  2. Penalty for failing to implement settlement, etc.—If any person willfully fails to implement any term of settlement, award or decision, which is his duty under this Act to implement, he shall be punished with imprisonment for a term which may extend to 2 (two) years, or with fine which may extend to 10,000 (ten thousand) taka, or with both.
  3. Penalty for illegal strike or lock-out.—(1) Any worker, who commences or continues or otherwise acts in furtherance of an illegal strike, shall be punished with imprisonment for a term which may extend to 1 (one) year, or with fine which may extend to 5,000 (five thousand) taka, or with both.

(2) Any employer, who commences, continues or otherwise acts in furtherance of an illegal lock-out, shall be punished with imprisonment for a term which may extend to 1 (one) year, or with fine which may extend to 5,000 (five thousand) taka, or with both.

  1. Penalty for instigating illegal strike or lock-out.—If any person instigates or encourages any other person to take part in, or to spend or supply money for, or otherwise acts in furtherance of, an illegal strike or lock-out, he shall be punished with imprisonment for a term which may extend to 1 (one) year, or with fine which may extend to 5,000 (five thousand) taka, or with both.
  2. Penalty for taking part in or instigating go-slow.—If any person takes part in or instigates or encourages any other person to take part in, or otherwise acts in furtherance of a go-slow, he shall be punished with imprisonment for a term which may extend to 1 (one) year, or with fine which may extend to 5,000 (five thousand) taka, or with both.
  3. Penalty for contravention of section 228 (2).—If any employer contravenes the provisions of section 228 (2), he shall be punished with imprisonment for a term which may extend to 1 (one) year, or with fine which may extend to 5,000 (five thousand) taka, or with both.
  4. Penalty for misappropriation of provident fund and trade union funds.—(1) If any person misappropriates or embezzles or spends to his own use with bad intention any money of the provident fund of the workers, he shall be punished with imprisonment for a term which may extend to 3 (three) years and shall also be liable to fine.

Explanation.—If an employer fails to deposit his own subscription or the subscription of a worker deducted from his wages by him to the provident fund of workers of his establishment for a period of more than 3 (three) months without any reasonable excuse to the satisfaction of the Director of Labour, he shall be deemed to have misappropriated the money of that provident fund.

  • If an officer or employee of a trade union of workers or employers misappropriates or embezzles or spends to his own use with bad intention any money of the trade union fund, he shall be punished with imprisonment for a term which may extend to 1 (one) year and shall also be liable to fine.
  • The fine imposed under this section may extend to the amount found by the Court to have been misappropriated or embezzled by, or spent with bad intention to the use of, the accused, and upon realization the amount of fine shall be reimbursed by the Court to the provident fund or trade union fund concerned.
  1. Penalty for activities of unregistered trade unions.—If any person takes part in, or encourages or instigates any other person to take part in the activities, other than activities relating to registration, of an unregistered trade union or of a trade union whose registration has been cancelled, or collects subscription, except membership subscription, for the fund of any such trade union, he shall be punished with imprisonment for a term which may extend to 6 (six) months or with fine which may extend to 2,000 (two thousand) taka, or with both.
  2. Penalty for dual membership of trade unions.—If any person becomes, or continues to be a member of more than one trade union at the same time, he shall be punished with imprisonment for a term which may extend to 6 (six) months or with fine which may extend to 2,000 (two thousand) taka, or with both.
  3. Penalty for non-compliance with the provisions of section 210 (7).—

If any person fails, except for reasons satisfactory to the Conciliator, to comply with the provisions of section 210 (7), he shall be punished with imprisonment for a term which may extend to 6 (six) months, or with fine which may extend to 2,000 (two thousand) taka, or with both.

  1. Penalty for using false certificate of fitness.—If any person knowingly uses or attempts to use a certificate of fitness granted to any other person under any provision of this Act as a certificate of fitness granted to him, or knowingly allows another person to use or attempt to use such certificate, he shall be punished with imprisonment for a term which may extend to 3 (three) months or with fine which may extend to 1,000 (one thousand) taka, or with both.
  2. Penalty for false statements, etc.—If any person—
  • with intent to deceive, makes an entry in any register, notice, record or other document required to be maintained under this Act or any rules, regulations or schemes which, he knows or has reason to believe, to be false in any material particular;
  • willfully omits or allows to omit to make any entry in any such register, notice, record or other document required to be made therein;
  • maintains more than one set of such registers, notices, records or other documents, except the office copies thereof;
  • willfully sends or allows to be sent to any officer or authority any application, plan, record, statement, information, report, notice or other document under this Act or any rules, regulations or schemes which he knows, or has reason to believe, to be false in any material particular; or
  • willfully fails or neglects to maintain or send any plan, list, record, register, information, report or other document required to be maintained or send under this Act or any rules, regulations or schemes;

he shall be punished with imprisonment for a term which may extend to 6 (six) months, or with fine which may extend to 5,000 (five thousand) taka, or with both.

  1. Penalty for wrongful disclosure of information.—If any person discloses, in contravention of any provision of this Act, any secret information relating to any construction or business which has come to his knowledge during discharge of his official duties or any result of an examination under this Act, he shall be punished with imprisonment for a term which may extend to 6 (six) months, or with fine which may extend to 2,000 (two thousand) taka, or with both.
  2. Penalty for general offences by workers.—Subject to other provisions of this Act, if any worker employed in an establishment contravenes any provision of this Act or any rules, regulations or schemes, or any lawful orders, imposing any duty or liability on him, he shall be punished with fine which may extend to 500 (five hundred) taka.
  3. Penalty for obstruction.—(1) If any person willfully obstructs any officer acting under this Act or rules, regulations or schemes to discharge his duties there under, or willfully refuses or neglects to afford such person any reasonable facility for making any entry, enquiry, examination or inspection necessary or authorized under the said Act, rules, regulations or schemes in relation to any establishment, he shall be punished with imprisonment for a term which may extend to 1[6 (six) months], or with fine which may extend to [1] [2][25,000 (twenty five thousand)] taka, or with both.
  • If any person willfully refuses or fails to produce of the demand of any officer any register, record or other documents maintained in pursuance of this Act or any rules, regulations or schemes before an officer acting as mentioned in sub­section (1) on his demand, or willfully prevents or attempts to prevent any person from appearing before, or being examined by, an officer so acting he shall be punished with imprisonment for a term which may extend to 3 (three) months, or with fine which may extend to [3][10,000 (ten thousand)] taka, or with both.
  1. Penalty for other offences.—If any person contravenes or fails to comply with any provision of this Act or any rules, regulations or schemes, and if no other penalty is provided therein for such contravention or failure, he shall be punished with imprisonment for a term which may extend to 3 (three) months, or with fine [4][which may extend to [5][ 25,000 (twenty five thousand)] taka, or with both.
  2. Enhanced penalty after previous conviction.—If any person who has been convicted of any offence punishable under this Act or rules, regulations or schemes is again convicted of the same offence, he shall be punishable on a subsequent conviction with twice the punishment provided for that offence:

Provided that for the purposes of this section, if the second time offence is committed after 2 (two) years of the first conviction, the first conviction shall not be taken into consideration.

  1. Penalty for contravention of law with dangerous consequences.—(1)

Notwithstanding anything contained elsewhere in this Chapter, if any person contravenes any provision of this Act or any rules, regulations or schemes, he shall be punished,—

  • if such contravention results in loss of life, with imprisonment for a term which may extend to 4 (four) years or with fine which may extend to 1,00,000(one lakh) taka, or with both;
  • if such contravention results in serious bodily injury, with imprisonment for a term which may extend to 2 (two) years, or with fine which may extend to 10,000 (ten thousand) taka, or with both; or
  • if such contravention otherwise causes injury or danger to a worker or any other persons in an establishment, with imprisonment for a term which may extend to 6 (six) months, or with fine which may extend to 2,000 (two thousand) taka, or with both. [6] [7]
  1. Onus as to age.—(1) When an act or omission is an offence punishable under this Act due to a person’s becoming under or over a certain age, and such person is, in the opinion of the Court, apparently under or over such age, the burden of proof that such person is not under or over such age shall be on the accused.
  • If a registered medical practitioner certifies that he has examined a worker and he believes that the age set forth in such certificate is his age, such certificate shall, for the purposes of this Act, be conclusive evidence as to the age of that worker.
  1. Offences by companies, etc.—Where an offence punishable under this Act or any rules, regulations or schemes is committed by a company or any other body corporate or a firm, every director, partner, manager, secretary or any other officer or agent thereof, who is actively involved in the conduct of the business thereof shall be deemed to have committed that offence, unless he proves that the offence was committed without his knowledge or consent or that he exercised all due diligence to prevent the commission of the offence.
  2. Cognizance of offences.—(1) No Court other than a Labour Court shall try an offence under this Act or any rules, regulations or schemes.
  • No Labour Court shall take cognizance of an offence under this Act or any rules, regulations or schemes except upon complaint made by the following persons, namely:—
  • aggrieved person, or aggrieved trade union;
  • in the case of an offence under section 298 1[or 301] or Chapter XIII, the Director of Labour;
  • in the case of an offence under Chapter XVII, the Chairman of the Board of Trustees or the Controller of provident funds;
  • in the case of an offence under Chapter XVIII, the competent authority;
  • in the case of any other offence, the Chief Inspector or any officer subordinate to him authorized in this behalf.
  1. Limitation of prosecution.—Unless otherwise specified in this Act or any rules, regulations or schemes, no Labour Court shall take cognizance of an offence thereunder, unless a complaint thereof is made within 6 (six) months from the date of commission of the offence.
  2. Report of offences.—Any contravention of, or refusal to comply with this Act or any rules, regulations or schemes by any person may be reported to the Director of Labour, the Chief Inspector or Controller of provident funds, or to any officer subordinate to them for information or for taking proper action.
  3. Withdrawal of cases.—No case under this Act or any rules, regulations or schemes shall be withdrawn, except on an application for such withdrawal made by the person on whose complaint the case has been started:

Provided that no case shall be withdrawn without the permission of the Director of Labour or the Chief Inspector or the Controller of provident funds, if such case was filed by any officer subordinate to them.

xThe words “six months” were substituted for the words “three months” by section 77(c) of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

[2]The words “twenty five thousand” were substituted for the words “five thousand” by section 77(c) of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

[3]The words “ten thousand” were substituted for the words “one thousand” by section 77(b) of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

[4]The word “which may extend to five thousand taka” were substituted for the words and comma “with imprisonment which may extend to three months or with fine which may extend to one thousand taka, or with both” by section 7 of the Bangladesh Labour (Amendment) Act, 2009 (Act No. LXVI of 2009).

[5]The words “twenty five thousand” were substituted for the words “five thousand” by section 78 of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

[6]        Any Court may, while passing an order of a sentence of fine under this section, order the whole or any part of the fine recovered to be paid as compensation to the person injured, or in the case of his death, to his legal representative.

[7]        Nothing in this section shall apply to any contravention for which higher penalty is provided in this Act or any rules, regulations or schemes.

  1. Power of the Court to make certain orders.—(1) Where the employer of an establishment is convicted of an offence punishable under this Act or any rules, regulations or schemes, the Court may, in addition to punishment, by order in writing, require him within a period specified in the order, which may be extended on application, to take such measures as may be so specified therein to remove the reasons for which the offence was committed.
  • Where an order is made under sub-section (1), the employer of the establishment shall not, during the period specified therein or extended period, be liable for continuation of any offence mentioned in that sub-section for which he has been convicted.
  • If the order of the Court made under sub-section (1) is not fully complied with during the aforesaid period, the employer shall on the expiry of such period, be deemed to have committed further offence, for which he shall be punished with imprisonment for a term which may extend to 6 (six) months, or with fine which may extend to 2,000 (two thousand) taka, or with both.

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