THE BANGLADESH LABOUR ACT, 2006, CHAPTER XX

CHAPTER XX

ADMINISTRATION, INSPECTION, ETC.

  1. Director of Labour, etc.—(1) For the purposes of this Act, the Government shall, by notification in the official Gazette, appoint a Director of Labour and may, by such notification, appoint such number of Additional Directors of Labour, Joint Directors of Labour, 1[Deputy Directors of Labour, Assistant Directors of Labour and Labour Officers] as may be necessary.
  • Where the Additional Directors of Labour, Joint Directors of Labour, 2[Deputy Directors of Labour, Assistant Directors of Labour or Labour Officers] are appointed, the Government shall specify the jurisdiction or area of each of them under this Act in the said notification.
  • The Director of Labour shall have power of supervision and control over all Additional Directors of Labour, Joint Directors of Labour, [1] [2] [3][Deputy Directors of Labour, Assistant Directors of Labour and Labour Officers.]
  • The Director of Labour shall have the following powers and functions, namely:—
  • to register trade unions under Chapter XIII and maintain registers in this behalf;
  • to submit complaints to the Labour Court against any offence or unfair labour practice or violation of any provision of Chapter XIII;
  • to determine the question as to which 1 (one) of the trade unions in an establishment or group of establishments is entitled to be certified as the collective bargaining agent;
  • to supervise the election of the executive committee of a trade union and the holding of any secret ballot;
  • to act as Conciliator in any industrial dispute;
  • to supervise the functions of the Participation Committee; and
  • to perform such other duties as are conferred by this Act or rules.
  • The Director of Labour may, by general or special order in writing, delegate any of his powers and functions upon any Additional Director of Labour, Joint Director of Labour, ^Deputy Director of Labour, Assistant Director of Labour or Labour Officer.]
  1. Chief Inspector, etc.—(1) For the purposes of this Act, the Government shall, by notification in the official Gazette, appoint a Chief Inspector and may, by such notification, appoint such number of Deputy Chief Inspectors, [4] [5][Assistant Chief Inspectors, Inspectors or Assistant Inspectors.]
  • Where the Deputy Chief Inspector, [6][Assistant Chief Inspector, Inspector or Assistant Inspector] are appointed, the Government shall specify the jurisdiction or area or establishments under jurisdiction of each of them under this Act in the said notification.
  • The Chief Inspector shall, in addition to the powers conferred on him under this Act, have the powers of an Inspector throughout the country.
  • The Chief Inspector shall have powers of supervision and control over all the Deputy Chief Inspectors, [7][Assistant Chief Inspectors, Inspectors and Assistant Inspectors.]
  • The Chief Inspector may, by general or special order in writing, delegate any of his powers and functions on any Deputy Chief Inspector, [8][Assistant Chief Inspector, Inspector or Assistant Inspector.]
  • All principal officers of the Mercantile Marine Department shall be the Establishment Inspectors, ex-officio, for the purposes of regulations made under Chapter VI within the local limits of their jurisdictions.
  1. Powers and functions of Chief Inspector, etc.—(1) For the purposes of this Act, the Chief Inspector or any Deputy Chief Inspector, [9][Assistant Chief Inspector, Inspector or Assistant Inspector] or Assistant Inspector shall have the following powers and functions within their respective jurisdictions, namely:—
  • with necessary assistants, to enter, inspect and examine any place, premises, vessel or vehicle, at any reasonable time, which in his consideration, is deemed to be or used as, an establishment;
  • to require any registers, records, files, notices, certificates or any other documents maintained in pursuance of this Act or any rules, regulations or schemes to be produced, and to seize, inspect or examine them and to make copy thereof;
  • to make necessary investigation or examination for ascertaining whether any provisions of this Act or any rules, regulations or schemes in respect of any establishment or any worker employed therein are properly complied with;
  • to take deposition, in respect of any matter pertaining to this Act or any rules, regulations or schemes, of any person who is found in any establishment or who is believed to be or to have been within the preceding 2 (two) months employed in any establishment;
  • to require every person so deposed or examined to sign the records or papers of such deposition or examination for verification;
  • if necessary, to call to account or to demand an explanation from an employer or any person employed by him in respect of any register, record, certificate, notice or any other document maintained by that employer; and
  • to exercise such other powers or perform such other functions as are conferred to them by this Act or any rules.
  • The employer of an establishment shall provide such means or arrangement as may be required by an Inspector for making any entry, inspection, examination, enquiry or doing any other act necessary for the exercise of the powers or performance of the duties under this Act or any rules, regulations or schemes.
  • Every employer shall be required to produce for inspection before an Inspector all such records, registers, and any other documents as he may require for the purposes of this Act or any rules, regulations or schemes; and shall furnish any other information in connection therewith as may be required by such Inspector.
  • An Inspector shall have power to call for and to seize any record, register or any other document from any employer in respect of enforcement of this Act or any rules, regulations or schemes, as he may consider necessary for the purpose of performing duties there under.
  • The Chief Inspector or any other officer subordinate to him authorized by him in this behalf, may submit any complaint with the Labour Court against any person for any offence, in any matter under his jurisdiction, under this Act or any rules, regulations or schemes.

x[(6) The Chief Inspector or an officer subordinate to him authorized by him in this behalf shall, in all cases of approval of design of a factory or an industrial establishment, grant and renewal of licence, permission for change of class and extension, etc, take necessary actions after making on the spot inspections.]

  1. Controller of Tea Plantation Workers’ Provident Fund.—(1) The

Government shall, by notification in the official Gazette, appoint a Provident Fund Controller for the Tea Plantation Workers Provident Fund.

  • The Controller shall be the Chief Executive Officer of the fund.
  • The Controller shall perform his functions under the general control and superintendence of the Board of Trustees and shall also act as the Secretary to the Board.
  • The Controller may take part in the meetings of the Board of Trustees, but shall not be entitled to vote.
  • The Controller shall, in consultation with the Chairman of the Board of Trustees, convene meetings of the Board and shall record and keep records of its minutes.
  • The Controller shall be responsible for carrying out the decisions of the Board of Trustees.
  • The Controller may, if he thinks necessary, call for accounts of the said provident fund from the owner of a tea plantation.
  • The Controller or any person authorized by him may, at any reasonable time and after giving notice of his intention to do so, enter into any tea plantation or any premises connected therewith and require any person in-charge thereof to produce any accounts, register, or any other documents relating to the employment of tea plantation workers or the payment of their wages for his examination.
  • The Controller or any person authorized by him may, with respect to any matter mentioned in sub-section (8), examine the employer, any of his officers, employees or agents or any person in charge of a tea plantation or any premises connected therewith or any person who is, or is believed to have been, a worker in such tea plantation.
  • The Controller may also exercise such other powers as may be prescribed by rules.
  1. Accounts and audit.—(1) A Board shall maintain its accounts in such manner and in such form as the Government may direct.
  • The accounts of income and expenditure of a Board shall be audited every year by the Comptroller and Auditor General of Bangladesh, hereinafter referred to as the Auditor General, in such manner as he deems fit.
  • For the purpose of audit, the Auditor General or any person authorized by him in this behalf shall have access to all records, books, accounts, cash, stores, documents or any other properties of the Board and may examine any member or any officer or other employee of the Board.
  • The Board shall, at the time of such audit, produce all its books of account and connected documents to the Auditor General or any officer auditing, and shall furnish such explanation and information as he may require.
  • The Auditor General shall submit his audit report to the Board and shall forward a copy thereof to the Government.
  • The Board shall take steps forthwith to rectify any defects or irregularities pointed out in the audit report.
  • The Government may, at any time, require the Auditor General to report to it upon the financial affairs of the Board.
  • In this section, “Board” means “The Dock Workers Management Board” or “the Board of Trustees of the Tea Plantation Workers Provident Fund”.
  1. Reports, etc.—(1) A Board mentioned in section 321 shall, as soon as possible after the end of every financial year, furnish to the Government a statement of accounts of its income and expenditure audited by the Auditor General together with an annual report giving therein an account of its activity during that year and its proposed programme for the next year.

(2) The Government may require the Board to furnish the following information or documents which the Board shall be bound to furnish, namely:-

  • any report, statement, estimate, statistics or any other information regarding any matter under the control of the Board;
  • a report on any such matter;
  • a copy of any document which is in the custody of the Board.
  1. National Council for Industrial health and safety.—(1) The

Government may, by notification in the official Gazette, constitute a Council, to be called the National Council for Industrial Health and Safety.

(2) The said Council shall consist of the following members, namely:—

  • Minister in charge of the ^Ministry of Labour and Manpower], ex- oficio, who shall also be its Chairman;
  • Secretary, [10] [11] [12][Ministry of Labour and Manpower], ex-oficio;
  • Secretary, Ministry of Industries, ex-oficio;

3[(cc) Secretary, Ministry of Commerce, ex-officio;]

  • Secretary, [13][Ministry of Health], ex-oficio;
  • Secretary, Ministry of Textile and Jute, ex-oficio;
  • Secretary, Ministry of Shipping, ex-oficio;
  • Secretary, Ministry of Communications, ex-oficio;

1[(gg) Director General of Industrial Police, ex-officio;]

  • 7 (seven) members representing industrial establishment to be appointed by the Government in consultation with establishments widely representing the employers;
  • 7 (seven) members representing workers, to be appointed by the Government in consultation with trade unions widely representing the workers:

Provided that at least one female representative shall be included in the members representing both workers and the employers;

2[(ii)              5 (five) specialists in industry, health and safety to be appointed by

the Government;]

  • Chief Inspector, ex-officio, who shall also be its Secretary.
  • The nominated members shall hold office for a term of 3 (three) years.
  • The Council shall follow its own rules of procedure.
  • The Council shall—
  • prepare national policy for ensuring safety in industrial establishments and for maintaining therein the healthy or neat and clean environment and conditions;
  • frame guidelines for implementation of its policy.
  • Every establishment shall take necessary steps to implement the policy prepared by the Council following the guidelines framed by it.

xThe words and comma “Deputy Director of Labour, Assistant Director of Labour and Labour Officer” were substituted for the words “Deputy Director of Labour and Assistant Director of Labour officer” by section 80(a) ofthe Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

[2]The words and comma “Deputy Director of Labour, Assistant Director of Labour and Labour Officer” were substituted for the words “Deputy Director of Labour and Assistant Director of Labour officer” by section 80(b) ofthe Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

[3]The words and comma “Deputy Director of Labour, Assistant Director of Labour and Labour Officer” were substituted for the words “Deputy Director of Labour and Assistant Director of Labour officer” by section 80(c) ofthe Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

*The words and comma “Deputy Director of Labour, Assistant Director of Labour and Labour Officer1’ were substituted for the words “Deputy Director of Labour and Assistant Director of Labour officer” by section 80(d) ofthe Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

[5]The words and comma “Assistant Chief Inspector, Inspector or Assistant Inspector” were substituted for the words “Assistant Chief Inspector of Inspector” by section 81(a) of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

[6]The words and comma “Assistant Chief Inspector, Inspector or Assistant Inspector” were substituted for the words “Assistant Chief Inspector of Inspector” by section 81(b) of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

[7]The words and comma “Assistant Chief Inspector, Inspector or Assistant Inspector” were substituted for the words “Assistant Chief Inspector of Inspector” by section 81(c) of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

[8]The words and comma “Assistant Chief Inspector, Inspector or Assistant Inspector” were substituted for the words “Assistant Chief Inspector of Inspector” by section 81(d) of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

[9]The words and comma “Assistant Chief Inspector, Inspector or Assistant Inspector” were substituted for the words “Assistant Chief Inspector of Inspector” by section 82(a) of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

[10]             The name ofthe Ministry of Labour and Manpower has been amended. The present name ofthe ministry is “Ministry of Labour and Employment”, vide Cabinet Division Notification No. CD-4/2/2001-Rules/156, dated 20 December 2001 & S.R.O No. 231-Law/2008-CD-4/5/2008-Rules, dated 24 July, 2008.

[11]             Ibid.

[12]Clause (cc) was inserted by section 83(a) ofthe Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

[13] The name ofthe Ministry of Health has been amended. The present name ofthe ministry is “Ministry of Health and Family Welfare”, vide S.R.O No. 231-Law/2008-CD-4/5/2008-Rules, dated 24 July, 2008.